ALGERIA COUNTRY of ORIGIN INFORMATION (COI) REPORT COI Service

ALGERIA COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service

14 March 2011

ALGERIA 14 MARCH 2011 Contents

Preface

See also Women, Family law

INDEPENDENCE AND FAIR TRIAL

11.07 The USSD Report 2009 noted:

“The constitution provides for an independent judiciary; however, the president exercises supreme judicial authority, and the executive branch limited judicial independence. The constitution provides for the right to a fair trial; however, in practice authorities did not completely respect legal provisions regarding defendants' rights and denied due process…Defendants are presumed innocent and have the right to be present and consult with an attorney, provided at public expense if necessary. Most trials are public and non-jury. Defendants can confront or question witnesses against

42 The main text of this COI Report contains the most up to date publicly available information as at 24 February 2011. Further brief information on recent events and reports has been provided in the Latest News section to 14 March 2011. 14 MARCH 2011 ALGERIA

them or present witnesses and evidence on their behalf. Defendants and their attorneys occasionally were denied access to government-held evidence relevant to their cases. Defendants have the right to appeal. The testimony of men and women is considered of equal weight under the law.” [6a] (Section 1e)

11.08 The same source noted in a section on civil judicial procedures and remedies that, “The judiciary was neither fully independent nor impartial in civil matters and lacked independence in human rights cases. Family connections and status of the parties involved reportedly influenced decisions. Individuals may bring lawsuits, and there are administrative processes related to amnesty, which may provide damages for human rights violations and compensation for alleged wrongs.” [6a] (Section 1e)

11.09 The Freedom House report, Freedom in the World 2010, Algeria, stated, “The judiciary is not independent and is susceptible to government pressure” [29b] (Political rights and Civil Liberties)

11.10 The Amnesty International Report 2010 – Algeria, published 28 May 2010, noted, “The right to fair trial of individuals suspected of terrorism was not respected. Some faced proceedings in military courts. Some were denied access to legal counsel, particularly while held in pre-trial detention.” [26d] (Counter-terror and security)

11.11 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“President Bouteflika has presided over a reform of the judicial system (and to show his commitment has raised the Justice Ministry’s budget to 13 times its 1999 level). There is a respect for the rule of law in Algeria. The police and justice system is relatively incorrupt in the main urban centres, although corruption is a growing problem, especially in rural areas where petty corruption is more commonplace than in the big cities. Despite problems over the inefficiencies of the judicial system, it functions, slowly. Ordinary Algerians have access to the justice system.” [5c] (Scene-setter)

11.12 The same source also noted:

“2001 saw a turning point in Algeria’s legal procedures. The 2001 revisions to the Penal Code led to a significant improvement of the law in relation to detentions and trials.

“Algeria signed the Rome Statute of International Criminal Court (ICC) in 2000 but has not yet ratified it. The ICC wrote to the Algerian President on 7 October 2009 asking him to ensure ratification at the earliest opportunity. In mid-2009 the Head of the Algerian NGO, The Algerian League for the Promotion of Human Rights called for the creation of a national coalition in order to force Algeria to sign the Rome Statute because ‘the Algerian judiciary does not have the required independence in order to sue people committing crimes against humanity’. According to Algerian human rights NGOs and the media, the reason is because the Pouvoir is concerned that a number of its senior officials might be accused by the ICC of crimes against humanity.” [5c](Legislative Framework]

11.13 The FCO, in the same report, assessed the public’s view of the judiciary:

“The public perception is that many judges are corrupt. There are also reported cases of lawyers who were working in complicity with judges in order to win their cases. The Algerian government has moved to improve judges’ working conditions by increasing

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their salaries and offering them additional benefits, allegedly to reduce the risk of corruption. We do not assess that corruption is commonplace.” It also noted, “The Bar Association does not contribute significantly to the independence of the judiciary. Few lawyers are willing to work on human rights cases, largely because there is little knowledge about international human rights law and its application.” [5c](Human Rights Concerns)

PENAL CODE

11.14 The Algerian Penal Code (2007 edition) can be accessed via the following link. The Code is in French and a translation facility will need to be used:

http://www.premier-ministre.gov.dz/images/stories/dossier/Codes/code_p%E9nal.pdf [73]

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12. ARREST AND DETENTION – LEGAL RIGHTS

For details of human rights violations by the security forces, including arbitrary arrest and detention, see the section on Human rights violations by the security forces.

12.01 The United States Department of State Country Report on Human Rights 2009, Algeria (USSD Report 2009), published 11 March 2010, stated, with regards to arrest and initial detention, that:

“According to the law, police must obtain a summons from the prosecutor’s office to require a suspect to appear in a police station for preliminary questioning. Summonses are also used to notify and require the accused and/or the victim to attend a court proceeding or hearing.

“The government issues warrants under three different circumstances: to bring an individual from work or home to a court; to execute a prosecutor’s approved request to place a person into custody pending trial; or to arrest a suspect considered to be a flight risk. Police may make arrests without a warrant if they witness an offence. Lawyers reported that procedures for warrants and summonses were usually carried out properly.

“The constitution specifies that a suspect may be held in detention for up to 48 hours without charge. If more time is required for gathering additional evidence, the police may request that the prosecutor extend the suspect's detention to 72 hours. Those suspected of terrorism or subversion may legally be held for 12 days without charge or access to counsel. In practice, the security forces generally adhered to the 48-hour limit in non-terrorism cases.” [6a] (Section 1d)

12.02 The report continued:

“Prolonged pre-trial detention remained a problem. The law does not provide a person in detention with the right to a prompt judicial determination of the legality of the detention. Persons charged with acts against the security of the state, including terrorism, may be held in pre-trial detention as long as 20 months, according to the 44 The main text of this COI Report contains the most up to date publicly available information as at 24 February 2011. Further brief information on recent events and reports has been provided in the Latest News section to 14 March 2011. 14 MARCH 2011 ALGERIA

penal code; the prosecutor must show cause every four months for continuing pre-trial detention.

“Judges rarely refused prosecutorial requests for extending preventive detention, which can be appealed but was rarely overturned. Should the detention be overturned, the defendant can request compensation. In 2008 the prison administration reported pre- trial detainees represented 13 percent of the individuals held by prison authorities.

“There is no system of bail, but in non-felony cases suspects are usually released on ‘provisional liberty’ while waiting for trial. Under provisional liberty, suspects are required to report weekly to the police station in their district and are forbidden from leaving the country.

“Most detainees have prompt access to a lawyer of their choice and, if the detainee is indigent, the government provides a lawyer. The penal code requires detainees in pre- trial detention to be informed immediately of their right to communicate with family members, receive visitors, and be examined by a doctor of their choice at the end of detention. In addition, any suspect can request a medical examination once on police premises or before facing the judge. In practice, however, detainees were typically examined only at the end of their detention. Reports that these rights were not extended to detainees continued during the year.” [6a] (Section 1d)

12.03 Amnesty International in its Algeria: Briefing to the Committee against Torture, dated April 2008, stated:

“Algerian law allows for individuals suspected of terrorist activity to be held without charge and without access to lawyers for prolonged periods. Amnesty International has received reports of torture and other ill-treatment of detainees during the first 12 days of detention. In addition, the time limits defined under Algerian law are frequently violated by the DRS [Department of Information and Security].

“The DRS sometimes hold suspects without charge or access to legal counsel for periods far longer than the 12-day limit prescribed by law. Such arbitrary detentions can be prolonged indefinitely, for months or even years. Sometimes detainees held in excess of the period of garde à vue are subjected to ‘house arrest’. Detainees held by the DRS under such conditions, outside of the legal framework, are not able to challenge the lawfulness of their detention, as they have no access to judicial review until they are first brought to a judge, which may not be until months after their arrest.

“Further existing safeguards under Algerian law designed to protect detainees who have not been charged are generally not respected by the DRS, meaning that the detainee’s physical safety is put in grave danger as a result of the excessive time limit allowed for garde à vue.” [26a] (Prolonged Detention without Charge)

12.04 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, gave details of the legal process following arrest:

“In the event of an arrest, an individual is handled as follows: (1) Police study the facts, (2) the Procureur de la Republique considers the law and its relevance to the case in front of him, (3) the Juge d’Instruction studies the whole file and makes a decision on whether or not to proceed to prosecution.

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“(a) For lesser crimes: The accused can be detained in the police station for up to 24 hours. The Procureur has the right to agree to an extension of a further 24 hours (i.e. a total of 48 hours). During the 24/48 hours, the Procureur decides whether there is a case to be heard, in which case the file is passed to the Juge d’Instruction.

“(b) For serious crimes such as drugs, terrorism, murder: Maximum of 12 days’ detention without charge, to allow for fuller investigation, e.g. international channels such as Interpol. Again, the Procureur will pass the file to the Juge d’Instruction for a final decision.

“In his deliberations, the Juge is obliged by law (Article 100 of the Penal Code) to ask the accused his choice: Does he want a lawyer; if so, he is given 10 days to find one. Or, if he wants a lawyer but cannot pay, he can ask the Juge for legal aid (‘batonnier’). A defendant is also free to defend himself. The Juge must report in writing the decision of the defendant on his choice of legal representation.

“Until the file is passed to the Juge d’Instruction, a detainee is guaranteed the right to immediately contact his family upon detention, as well as a lawyer (article 48 of the constitution – the same article also guarantees the right to ask to see a doctor. However, contacts have told us that in practise, detainees are not always allowed to make immediate contact with their families.) No lawyer may intervene during the preliminary investigation; legal representation may be obtained only once the Procureur orders the case to be opened and the Juge d’Instruction meets with the defendant.

“According to the Algerian Penal Code, the detainee is innocent until proven guilty.

“Since 2001, a person who has been wrongly detained or who is acquitted has the right to seek compensation.” [5c](Legal Process)

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13. PRISON CONDITIONS

13.01 King’s College, London’s World Prison Brief, last updated 17 June 2010, provided detailed information about the number of prisoners held in Algeria:

http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_country.php?country=1 [76a]

13.02 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“In 2005, in conjunction with UNDP [UN Development Programme], the Algerian Ministry of Justice organised an international conference on prison architecture in Algiers. At its conclusion, there was general agreement that before any detailed plan to build new prisons could be considered, there should be a more radical analysis of (i) why the prison population in Algeria had increased so dramatically (overcrowding is a major issue in Algerian prisons), (ii) the profile of the prisoners and (iii) the type of prison which was culturally appropriate for Algeria. Officials in the Ministry of Justice indicated that they would welcome assistance from the International Centre for Prison Studies

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(ICPS) in helping them to achieve their objective of bringing prisons up to international human rights standards by 2009.

“Reforms in the Algerian prison service should be seen in the context of wider reforms in the judicial sector, which has resulted in an improvement in the rule of law and implementation of internationally-accepted human rights standards. These improvements have played an important role in convincing the UK courts that Algeria is an acceptable destination for DWA returnees. The Ministry of Justice has gone further in terms of reform and modernisation than most of the Algerian Government Departments.

“The Head of the (government sanctioned) National Human Rights Commission told us in February 2010 that the Commission has noticed improvements in detention conditions in prisons between 2008 and 2009, based on the visits they made to 100 prisons all over the country.” [5c](Prison and Detention Centre Conditions)

13.03 The United States Department of State Country Report on Human Rights 2009: Algeria (USSD Report 2009), published 11 March 2010, stated:

“Prison conditions generally did not meet international standards. Overcrowding was a problem in many prisons. According to human rights lawyers, the problem of overpopulation was partially explained by an abusive recourse to pre-trial detention. In 2008 the CNCPPDH [Commission Nationale Consultative de Promotion et de Protection des Droits de l’Homme] conducted 34 prison visits and highlighted concerns with overcrowding, insufficient bed space, as well as poor lighting, ventilation, nutrition, and hygiene.

“According to Mokhtar Felioune, the director general of the Prisons Administration, there were 59,000 prisoners in the country's penal system held in 127 prisons…Prisons held men and women separately. In some cases, overcrowding meant that juveniles were held with adults; however, in general the government maintained separate juvenile detention centres. Pre-trial detainees were held separately from convicted prisoners.

“During the year [2009], the government permitted the International Committee of the Red Cross (ICRC) and the Red Crescent Society to visit regular, non-military prisons. ICRC visits to persons held in places of detention run by the MOJ and to those detained in police stations and gendarmeries were carried out in accordance with ICRC standard practices. The government denied other human rights observers visits to military and high-security prisons and detention centres.

“On April 1 [2009], an amendment to the penal code went into effect permitting the substitution of community service for prison sentences for first-time offenders with a maximum jail sentence of three years. During a July 23 conference, Felioune said the new law was designed to reduce recidivism and to alleviate overcrowding in prisons.

“In June 2008 Felioune announced that 7,547 prisoners benefited from temporary release as part of a government effort to reduce overcrowding in the country's prisons. Felioune also noted that 1,390 prisoners benefited from work and study release programs while 8,268 received parole for good conduct.

“In a May 2008 report, UNCAT [UN Convention against Terror] expressed concern over reports that the Department for Information and Security (DRS), the military intelligence

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agency tasked with internal security, maintained secret detention centres inside military barracks that operated outside judicial authority.” [6a] (Section 1c)

13.04 The CNCPPDH Prison Visit Report of 2008 (referred to in paragraph 13.03) can be accessed via the following link. The report is in French and a translation facility will be required.

http://www.cncppdh-algerie.org/php_VF/images/pdf/RAPPORT_de_PRISON2.pdf [74a]

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13.05 Amnesty International, in its Algeria: Briefing to the Committee against Torture, dated April 2008, stated:

“Article 52 of Algeria’s Code of Criminal Procedure provides that all places in which detainees are held in garde à vue may be inspected at any time by the prosecutor in order to ensure that they satisfy the guarantees provided under Algerian law. However, as far as Amnesty International is aware, the barracks used by the DRS to hold and interrogate suspects are never subject to such inspections. In May 2005, Ministry of Justice officials told a visiting Amnesty International delegation that all detention facilities were open to inspection by prosecutors, including detention facilities used by the DRS, but they were unable to provide details indicating that such visits had been carried out to DRS barracks.

“Former detainees have told Amnesty International that there were no inspection visits by the public prosecutor when they were being held at DRS barracks, and human rights lawyers have also stated that they are unaware of any such visits having been made.

“The Algerian authority’s use of secret detention facilities was recently cited also in a report on the involvement of European states in ‘renditions’ submitted to the Council of Europe, where it is stated: ‘the transfer of other detainees on [the United States’] rendition circuit must have entailed detainees being transferred out of Kabul to alternative detention facilities in different countries … drawing upon official flight data, the probable existence of secret detention facilities can be inferred in Algeria…’.“ [26b] (Secret Places of Detention visiting places of detention)

13.06 The Amnesty International Report 2010 – Algeria, published 28 May 2010, further noted, “The Department of Information and Security (DRS), military intelligence, continued to arrest terrorism suspects and detain them incommunicado for weeks or months, during which they were at risk of torture or other ill-treatment.” [26d](Counter-terror and security)

13.07 Human Rights Watch, in its World Report 2011 – Algeria, covering events in 2010, released on 24 January 2011, stated:

“Algeria amended its penal code in 2004 to make torture an explicit crime. The International Committee of the Red Cross regularly visits ordinary prisons in Algeria, but not places of detention run by the powerful Department for Information and Security (DRS), an intelligence agency within the military.

“Algerian courts pronounced death sentences during 2010, some of them against defendants in terrorism cases and most in absentia. Algeria has observed a de facto moratorium on executions since 1993.“ [27a] 48 The main text of this COI Report contains the most up to date publicly available information as at 24 February 2011. Further brief information on recent events and reports has been provided in the Latest News section to 14 March 2011. 14 MARCH 2011 ALGERIA

Women

13.08 The Freedom House 2010 report on Women’s Rights in the Middle East and North Africa 2010 – Algeria, dated 3 March 2010, (Freedom House report on Women’s Rights in Algeria) observed:

“…when both the father and the mother of dependent children are sentenced to time in prison, the mother's sentence is delayed until the father has been released from prison. Of the estimated 54,000 prisoners in Algeria, only 1.1 percent were women as of 2006, so these rules affect relatively few sentences. While they are intended to be beneficial, the special provisions for women are based primarily on their role as mothers, reinforcing patriarchal values in society.” [29d]

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14. DEATH PENALTY

14.01 Hands Off Cain reported on its Algeria page, accessed 10 January 2011, that:

“Algeria’s laws prescribe the death penalty for a range of crimes including ordinary crimes. In 1992 the scope of the death penalty was extended to terrorist offences. The Penal Code provides for the application of the death penalty for serious offences including: treason and espionage, attempts to change the regime or actions aimed at incitement, destruction of territory, sabotage to public and economic utilities, massacres and slaughters, participation in armed bands or in insurrectionary movements, counterfeiting, murder, acts of torture or cruelty, kidnapping and aggravated theft.…

“The last executions took place in August 1993, when seven armed Islamists were executed. They had been condemned to death for a 1992 attack on Algiers airport by special courts, which have since been dissolved… On December 18, 2008, Algeria co- sponsored and voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.” [47a]

14.02 Amnesty International, in its Algeria: Briefing to the Committee against Torture, dated April 2008, stated with regard to minors that, “Emergency measures introduced under the framework of the state of emergency in 1992 lowered the age of criminal responsibility to 16 years. However, minors accused of terrorist or subversive offences are not sentenced to death and courts take into account their age. These children are often sent to centres for juvenile offenders.” [26b] (Death Penalty)

See Children, Judicial and penal rights

14.03 Amnesty International, in its 2010 Report – Algeria, published 28 May 2010 and covering events in 2009, noted:

“More than 100 people were sentenced to death, but the authorities maintained the de facto moratorium on executions in force since 1993. The majority of sentences were imposed in terrorism-related trials, mostly in the absence of the accused, but some were imposed on defendants convicted of premeditated murder.

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“In June, the government’s rejection of a bill to abolish the death penalty proposed by an opposition parliamentarian was made public.” [26d]

14.04 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“The death penalty remains an option under the Algerian Penal Code. However, there has been a moratorium on the death penalty since 1993. The types of crimes that can lead to a death penalty are murder, terrorism and drug trafficking. There is an ongoing debate about the death penalty, with religious figures arguing that the death penalty must remain, in accordance with Islamic law on the basis that Islam is the State’s religion and the abolition of the death penalty would contradict this. Other elements are opposed to the abolishment of the death penalty until terrorism has been finally eliminated in Algeria for fear of being accused of going soft on terrorism. The National Human Rights Commission, created by the Algerian Government but, in theory, operating independently of it, is working towards abolition.” [5c]

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15. POLITICAL AFFILIATION

For information about freedom of expression generally, see Freedom of speech and media. See also Human rights institutions, organisations and activists for information about the restrictions placed on members of civil society.

FREEDOM OF POLITICAL EXPRESSION

15.01 The United States Department of State Country Report on Human Rights Practices 2009, Algeria, (USSD Report 2009), published 11 March 2010, noted, “The constitution provides citizens with the right to change their government peacefully through periodic elections based on universal suffrage. However, restrictions on freedom of assembly and association, as well as restrictions on political party activities, limited this right.” [6a] (Section 3)

15.02 The USSD Report 2009 further noted that:

“Opposition candidates complained that the MOI (Ministry of the Interior) regularly blocked registered parties from holding meetings and denied them access to larger and better equipped government conference rooms, while facilitating the activities of the pro- Bouteflika National Liberation Front (FLN). The law requires that potential political parties receive official approval from the MOI to be established. To obtain approval, a party must have 25 founders from across the country whose names must be registered with the MOI. July 2007 amendments to the electoral law stated that a party must receive 4 percent of the vote or have received at least 2,000 votes in 25 wilayas (provinces) in one of the last three legislative elections in order to participate in national elections.” [6a] (Section 3)

15.03 The Freedom House report Freedom in the World 2010, Algeria, published 3 May 2010, stated:

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“Algeria is not an electoral democracy. However, Algerian parliamentary elections are more democratic than those in many other Arab states. The military still plays an important role in politics despite fluctuations in its prominence in recent years. The June 2008 appointment of Ahmed Ouyahia as prime minister in a cabinet shuffle appeared to signal an increase in military influence, as he had first held the post as part of the military-dominated regime of the 1990s.” [29b]

15.04 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, noted, “…we continue to have concerns about the democratic process in Algeria. While the law allows for free and fair elections (which take place at local, regional and national level), opposition parties do not enjoy equal access to the media nor are permitted to organise political gatherings. Several of the main opposition parties have boycotted recent elections as a result of what they describe as political interference.“ [5c] (Human Rights Concerns)

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FREEDOM OF ASSOCIATION AND ASSEMBLY

15.05 The USSD Report 2009 noted, “The constitution provides for freedom of assembly and association; however, the government severely restricted the exercise of these rights in practice.” [6a] (Section 2b)

15.06 With regard to freedom of association the USSD Report 2009 stated:

“The constitution provides for the right of association; however, the emergency decree and government practice severely restricted this right in practice. The MOI must approve all political parties before they may be legally established. The government restricted the registration of certain NGOs, associations, and political parties on ‘security grounds,’ but declined to provide evidence or legal grounds for refusing to authorize other organizations that could not be disqualified on security grounds. The government frequently failed to grant official recognition to NGOs, associations, religious groups and political parties in an expeditious fashion. The MOI may deny a license to or dissolve any group regarded as a threat to the government's authority or to the security or public order. The law implementing the 2006 amnesty prohibits political activities by anyone responsible for having used religion leading to the ‘national tragedy,’ that is, the internal conflict of the 1990s.

“The government issues licenses and subsidies to domestic associations, especially youth, medical, and neighbourhood associations. The MOI regarded organizations unable to attain government licenses as illegal. Domestic NGOs encountered bureaucratic obstacles to receiving financial support from abroad. Although not illegal, financial support from abroad is conditioned on a series of authorizations from the ministries of interior and national solidarity. These authorizations were difficult to obtain.” [6a] (Section 2b)

15.07 The Freedom House report, Freedom in the World 2010 – Algeria, published on 3 May 2010, stated, “The Ministry of the Interior must approve political parties before they can operate legally. While there are dozens of active political parties, movements that are deemed too radically Islamist are outlawed, and many of the Islamist groups that were banned in the 1990s remain illegal.” [29b] (Political Rights and Civil Liberties)

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15.08 The USSD Report 2009 noted that “No party may use religion or ethnic heritage as a basis to organize for political purposes. The law also bans political party ties to non- political associations and regulates party financing and reporting requirements.” [6a] (Section 3)

15.09 With regard to freedom of assembly the USSD Report 2009 stated:

“The constitution provides for the right of assembly; however, the emergency decree and government practice continued to curtail this right. A 2000 decree banning demonstrations in Algiers remained in effect. Authorities required citizens and organizations to obtain permits from the government-appointed local governor before holding public meetings. The government frequently granted licenses to political parties, NGOs, and other groups to hold indoor rallies, although licenses were often granted on the eve of the event, thereby impeding publicity and outreach. .

“The LADDH [The Algerian League for the Defence of Human Rights] reported continuing difficulties in obtaining permission to hold outdoor meetings and seminars. Groups opposing the Charter on Peace and Reconciliation had difficulty securing permission to hold public gatherings.

“On May 25 [2009], local authorities denied the LADDH authorization to hold a three- day training workshop for journalists at a hotel in Algiers. Algiers city authorities provided no explanation for the refusal…

“SOS Disparus, an NGO representing relatives of persons who disappeared during the internal conflict of the 1990s, continued to hold weekly sit-ins in front of CNCPPDH headquarters. On August 30 [2009], 50 families gathered near the CNCPPDH to commemorate AI's International Day of the Disappeared. On July 16, authorities denied SOS Disparus authorization to hold a seminar on victims of enforced disappearance in the 1990s. Algiers city officials cited the need to maintain public order as the reason for the refusal. On December 9, police prevented SOS Disparus from staging a demonstration commemorating the Universal Declaration of Human Rights near the First of May market in Algiers.” [6a] (Section 2b)

15.10 The Freedom in the World 2010 report noted, “…As terrorist attacks continued in 2009, the government remained wary of large public gatherings and restricted freedom of assembly. An attempt by minority parties in April to stage demonstrations in favour of boycotting the 2009 presidential elections was stopped by the authorities, who blocked marchers from taking to the streets of an Algiers suburb.”[29b] (Political Rights and Civil Liberties)

15.11 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, noted, “The State of Emergency, which has been in place since 1992, bans demonstrations. The last officially sanctioned demonstration took place in 2001 (the sole exception being a demonstration in Algiers in January 2009 over Israeli military action in Gaza).”[5c]

See section on Human rights institutions, organisations and activists and Recent developments for news of the lifting of the state of emergency and more information on restrictions placed on civil society activists.

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OPPOSITION GROUPS AND POLITICAL ACTIVISTS

15.12 Jane’s observed in its Sentinel Country Risk Assessment (SCRA) Algeria Internal Affairs section, updated 23 April 2010, that:

“In general, parties remain weak in the Algerian system, a trend that may be exacerbated should [President] Bouteflika succeed in amending the constitution to give more power to the presidency. Moderate Islamist parties are tolerated by the government, indeed many of their supporters have been co-opted by the more mainstream secular parties like the Rally for Culture and Democracy (Rassemblement pour la Culture et Démocratie: RCD) and FLN (National Liberation Front). The FIS [Front Islamique du Salut – Islamic Salvation Front], however, remains banned although there have been repeated suggestions since 2005 that the government is considering lifting this.” [7b](Political Parties)

See also Political system and Annex B - Political organisations

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16. FREEDOM OF SPEECH AND MEDIA

OVERVIEW

16.01 The United States Department of State Country Report on Human Rights Practices 2009, Algeria, (USSD Report 2009), published 11 March 2010, summarised the situation regarding freedom of speech:

“The constitution provides for freedom of speech and press; however, the government restricted these rights in practice through accusations of defamation and informal pressure on publishers, editors, and journalists.

“Individuals generally were able to criticize the government privately without reprisal. However, citizens generally self-censored public criticism. The government attempted to impede criticism by monitoring political meetings.

“The law specifies that freedom of speech must respect ‘individual dignity, the imperatives of foreign policy, and the national defence.’ The state of emergency decree, introduced in 1992 and still in effect, gives the government broad authority to restrict civil liberties and take legal action against what it considers to be threats to the state or public order. In recent years the portion of the decree most enforced has been the provision requiring prior government approval for public gatherings. A 2006 presidential decree continues to criminalize speech about the conduct of the security forces during the internal conflict of the 1990s.” [6a] (Section 2a]

See Recent Developments for news of the lifting of the state of emergency.

16.02 Human Rights Watch, in its World Report 2011 – Algeria, covering events in 2010, released on 24 January 2011, stated:

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“The state controls broadcast media, which provides live telecasts of parliamentary sessions but airs almost no critical coverage of government policies. Privately-owned newspapers enjoy freer scope, but repressive press laws and dependence on revenues from public sector advertising limit their freedom to criticize the government and the military.

“Prosecutors constantly prosecute journalists and independent publications for defaming or insulting public officials. Courts of first instance sometimes sentence them to prison and heavy fines, which appeals courts often overturn or suspend.

“Rabah Lemouchi, correspondent for the national Arabic daily Ennahar in Tebessa, is among the journalists who have been jailed in recent years. While most have remained provisionally free pending trial, Lemouchi was incarcerated from his arrest until finishing his sentence six months later. A court of first instance convicted him on July 14, 2009, of defamation and insulting state institutions, mainly due to a personal letter he had addressed in 2006 to President Abdel Aziz Bouteflika. Details of the case indicate that his prosecution and imprisonment were politically motivated.

“In the first half of 2010 at least two journalists received prison terms for defamation but remained free pending appeal. On May 13 a court in the city of Mostaganem sentenced Belkacem Belhamideche, director of the French-language Reflexion and one of the daily's reporters, to six months in prison for coverage of a letter that a businessman wrote accusing a town mayor of soliciting a bribe from him. A court in the town of Ain Boucif, in the governorate of Medea, sentenced Saleh Souadi of el-Khabar, Algeria's leading independent Arabic-language daily, to six months in jail for defaming a local hospital director, even though his articles appeared before the director assumed his post and did not name him.“ [27a]

16.03 Freedom House’s survey, Freedom in the World 2010, covering events in 2009, published on 3 May 2010, stated:

“Journalists face an array of government tools designed to control the press, but current restrictions bear little resemblance to those during the peak of the civil war in the mid- 1990s, when journalists were regularly murdered for their work. Private newspapers have been published in Algeria for nearly two decades, and journalists have been aggressive in their coverage of government affairs. While Arabic and French-language satellite channels are popular, the government keeps tight control over local television and radio broadcasts. In late 2009, the information minister announced a proposed centralized system for monitoring incoming and outgoing internet information. The purported purpose of the system was to inhibit cyber terrorists and online piracy, as well as limit access to pornography.” [29b]

16.04 The Freedom House report, Freedom in the Press 2010 - Algeria, (Freedom in the Press 2010 report) covering events in 2009, released in September 2010, observed, “The constitution guarantees freedom of expression. However, the 1992 state of emergency remained in effect throughout 2009, allowing the government to legally

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penalize any speech deemed threatening to the state or public order. A 2001 amendment to the Press Law further restricts press freedom by criminalizing writings, cartoons, and speech that insults or offends the president, the parliament, the judiciary, or the armed forces.” The report also rated Algeria as ”not free”. [29a]

16.05 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“The government has total control of the broadcast media, which means opposition parties have little, if any, access. The print media is much freer: criticism of the performance of the government and President is commonplace. However, the media complain that there are red lines, particularly in relation to the intelligence services and to a lesser extent the President and his family. Many journalists exercise self censorship. In extremis the government can, and has, blocked access to the government-run printing presses effectively closing papers down.” [5c](Scene setter)

16.06 The report went on to say:

“Under certain circumstances the Algerian media can be subject to state control. Those media organisations that are regarded as having crossed the government’s ‘red lines’ may have their access to advertising revenue and press briefings regulated. Such red lines will certainly include any stories that the government regards as promoting Islamist extremism, including statements by Al Qaeda in the Lands of the Islamic Maghreb. This media control reflects the Algerian conception of the severity of the threat posed by the spread of Islamist views, which the state will do everything in its power to resist.” [5c]

16.07 Reporters without Borders ranked Algeria 133rd (out of 178 countries) in its 2010 Press Freedom Index, published 20 October 2010. (1 being the most and 178 being the least free). [62d]

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PRINT MEDIA

16.08 The USSD Report 2009 noted:

“The country's print media consisted of numerous publications that supported or opposed the government to varying degrees. According to Ministry of Communication statistics, 29 newspapers circulated in excess of 10,000 copies each. The government owned two French-language and three Arabic-language newspapers. Many political parties, including legal Islamic parties, had access to the independent press and made use of it to express their views. Opposition parties also disseminated information via the Internet and in communiqués.

“The law permits the government to censor, levy fines and imprison members of the press. The government directly and indirectly censored and intimidated the media into practicing self-censorship. The government used defamation laws to harass and arrest journalists, and the press faced government retaliation for criticizing government officials. Other journalists and many political cartoonists, however, regularly criticized the government.” [6a] (Section 2a)

16.09 The Freedom in the Press 2010 report noted:

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“The government has tremendous economic influence over print media, as most newspapers are printed on state-owned presses. In January 2008 the government placed six state-owned printing presses under the direct control of the Communications Ministry, threatening the editorial autonomy of half of Algeria's privately owned newspapers. The state-owned advertising agency controls the placement of ads by state entities and companies, which form the largest source of income for most papers.” [29a]

16.10 Reporters Without Borders in its Country Report - Algeria, published 6 January 2010, noted, “The Algerian authorities repeatedly block the distribution of international newspapers in the country. Three French newspapers, L'Express, Marianne and le Journal du Dimanche, were censored in this way at the start of April 2009, on the eve of presidential elections. Earlier, on 7 March 2009, the Paris-based Afrique Magazine was banned for ‘damaging national values’, as was the 30 October 2008 edition of the weekly L'Express for ‘offence against Islam’”. [62a]

16.11 The Greenslade blog on the Guardian.co.uk website called Shock horror! Algerian papers ape sensationalist British tabloids and dated 16 April 2010, reported:

“Algerian newspaper content is becoming increasingly sensationalist. Though the excitable banner headlines would raise no eyebrows in the West, it is proving controversial - and also popular - in the north African country used to a sober, political press…Some like the new approach, but many Algerians are too embarrassed to have the papers in their homes, according to the pan-Arab Al-Arabiyya.

“Omar Benderra, of the human rights group Algeria Watch, explains that by taking the sensationalist, commercial route papers ‘avoid sensitive issues that can lead to problems and they also make money in attracting readers…people love it.’” [25a]

16.12 The BBC News, Country Profile: Algeria, updated 6 October 2010, listed the major newspapers:

• El Khabar - private, Arabic daily; website has pages in Arabic, French and English • Ech Chourouk - private, Arabic daily; website has English-language pages • Le Quotidien d'Oran - private, French-language daily • El Moudjahid - state-run, French-language daily; website has English-language pages • Ech Chaab - state-run, Arabic daily • El Watan - private, French language daily • Le Soir d'Algeria - private, French-language daily • Liberte - private, French-language • La Tribune - private, French-language • Algerian Press Portal - press directory [60b]

See also Chapter 3 paragraph 3.12 monitoring of press during 2009 presidential election.

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RADIO AND TELEVISION

16.13 The USSD Report 2009 stated:

“Radio and television are government-owned, with coverage favourable to the government. During non-election periods, opposition spokesmen were generally denied access to public radio or television. Some opposition parties had severely limited access to television. These limitations, however, were less evident for radio. Political parties and independent candidates received the same amount of radio access time during the three-week campaign period prior to the April 9 [2009] presidential election and prior to the 2007 legislative and local elections. Several opposition parties said that their daily media allotment during the three-week period was the first time they had been allowed media access since the last election cycle”. [6a] (Section 2a)

16.14 The BBC News, Country Profile: Algeria, updated 6 October 2010, stated, “Satellite TV is popular; stations based in France target viewers in Algeria. European channels are widely-watched.“ [60b]

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INTERNET

16.15 The USSD Report 2009 stated:

“Access to the Internet was generally unimpeded; however, the government monitored e-mail and Internet chat rooms. On August 16 [2009], the government enacted a new law on cyber crimes that establishes procedures for using electronic data in prosecutions and the responsibilities of service providers to cooperate with authorities. On November 9, Minister of Post and Information Technology Hamid Bessalah announced that his ministry was creating a National Centre for Internet Data Exchange to protect Internet users from inappropriate content, cyber crime, and hackers.

“Internet service providers can face criminal penalties for the material and Web sites they host, especially if subject matters are ‘incompatible with morality or public opinion.’ No cases were brought during the year. The Ministries of Justice, Interior, Post, and Information Technology have oversight responsibilities.” [6a] (Section 2a)

16.16 An article in the New York Times called Algerian Bloggers Feel Threatened by Proposed Law, dated 21 September 2009, summarised the concerns of internet users following the enactment of the new law:

“The measure ostensibly aims at cyberterrorism and cybercrime, but critics say that it is vague and could be used to muzzle free speech.

“’They’ve realized that the Internet could be used as a tool for social dissent,’ El Mouhtarem [a blogger] said.

“The proposed law allows for the surveillance of Internet users suspected of terrorist or ‘subversive’ activities, or for breaching national security. Authorization for the surveillance must come from the ‘relevant judicial authorities,’ according to the proposal. It also calls for the creation of an Internet police force charged with investigating online criminal and terrorist activities.” [75a]

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16.17 The Freedom in the Press 2010 report stated:

“About 13.5 percent of the population accessed the internet during 2009. While access is generally unrestricted, the government does monitor e-mail and internet chat rooms, and internet-service providers are legally liable for the content they host. Bloggers, like traditional journalists, face potential defamation suits, and several have been fined for posting ‘defamatory material.’ However, there were no reported cases of legal or physical harassment against bloggers or online journalists during 2009.” [29a]

16.18 The BBC Country Profile of Algeria, updated 6 October 2010, stated:

“Most surfers rely on dial-up connections and cybercafes. No widespread filtering is reported, but the blocking of a political website in January 2010 was said to be the first known instance of online censorship.

“Writing in Arabic, English and French, Algerian bloggers cover social, cultural and political topics. There are more than 5,000 Algerian blogs, a newspaper suggested in late 2008.” [60b]

16.19 Reporters Without Borders, in an article called Does blocking of independent radio station's website herald start of Internet censorship by Algeria?, published 19 March 2010, stated:

“Reporters Without Borders is disturbed to learn that access to the website of the independent news radio station, Radio Kalima-Algérie (www.kalimadz.com), has been completely blocked for the past two days. At the same time, Eutelsat has stopped carrying the station’s broadcasts on its Hotbird satellite.

“’We fear that this act of censorship heralds the start of government control of the Internet in Algeria,’ Reporters Without Borders said. ‘We urge the authorities to explain this blocking, which has been carried out in an arbitrary manner, and to order the website’s immediate unblocking. Algeria must not be added to the list of countries that censor the Internet, because the freedom of expression of Algerians would suffer.’”[62c]

16.20 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated, “[The] internet has not been controlled to date and people have been free to access all websites. However, the government has recently announced moves to begin internet censorship of extremist and pornographic websites. Many in the media consider this as a step by the government to increase censorship as the internet begins to become an important tool in Algeria.” [5c] (Other Issues)

16.21 The new cyber crime law is discussed in detail in the English language Algerian Review blog, under the heading Algeria’s cyber crime law, 9 January 2010. This can be accessed via the following link: http://algerianreview.wordpress.com/2010/01/09/algeria-cybercrime-law/ [17a]

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TREATMENT OF JOURNALISTS

16.22 The USSD Report 2009 stated, in relation to treatment of journalists, that:

“The law permits the government to censor, levy fines, and imprison members of the press. The government directly and indirectly censored and intimidated the media into practicing self-censorship. The government used defamation laws to harass and arrest some journalists, and some members of the press faced retaliation for criticizing government officials. Other journalists and many political cartoonists, however, regularly criticized the government.

“The law defines defamation broadly, and the penal code imposes prison terms of up to 24 months and fines of 50,000 to 500,000 dinars ($695 to $6,945). Defamation covers ‘the insult’ of government figures, including the president, members of parliament, judges, members of the military, and ‘any other authority of public order.’ Furthermore, a 1990 law protects Islam from defamation, controls access to external information, and outlaws writing that threatens national unity. In 2001 the government amended laws to criminalize writing, cartoons, and speech that insult or offend the president, parliament, judiciary, or armed forces.

“The government used these defamation laws regularly to pressure editors, journalists, and the owners of printing houses. In an April 20 letter to President Bouteflika, the international NGO Committee to Protect Journalists expressed concern for ‘the rising incidence of press freedom violations.’ In December 2008 Reporters without Borders (RSF) criticized the defamation laws as ‘repressive legislation.’" [6a] (Section 2a)

16.23 Reporters Without Borders in its Country Report - Algeria, published 6 January 2010, noted:

“A quick look at the great variety of newspapers and magazines displayed on newsstands on Rue Didouche in Algiers might lure you into thinking Algeria enjoys real press freedom. There are nearly 80 different, mostly Arabic-language newspapers on sale in Algiers. The biggest daily is al-Shuruq, with a print run for more than 800,000 copies.

“But the situation of the media, journalists and press freedom cannot be gauged by the number of newspapers on the newsstands. It is much more complex and subtle. The difficulties to which journalists are exposed have also changed with time. Although journalists no longer fear for their lives, their room for manoeuvre in terms of freedom of expression is limited. But apart from al-Khabar, Liberté and Ennahar, most newspapers continue to base themselves at the Maison de la presse, whatever their relationship with the government.

“Further, press offences remain punishable by prison sentences and fines. Article 144a of the Algerian criminal code, in force since 2001, provides for jail sentences of two to 12 years and fines for any comments seen as defamatory. The criminalisation of such offences constitutes a veritable Sword of Damocles hanging over Algerian journalists. The courts are kept busy by countless legal proceedings against journalists and their editors. The first quarter of 2009, ahead of presidential elections, saw an upsurge in such cases, with numerous proceedings launched against independent publications, particularly, against that of Omar Belhouchet, editor of the newspaper al-Watan.” [62a]

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16.24 The Freedom in the Press 2010 report stated:

“Defamation and other legal charges brought against journalists continue to hinder their ability to cover the news. A number of sentences for defamation were handed down during the year, involving both fines and prison time. For example, Nedjar Hadj Daoud, managing director of the news website El-Waha, was arrested in March 2009 in connection with a 2005 defamation case involving a municipal government employee. Hadj Daoud has been the target of more than 25 defamation lawsuits, and the weekly print version of El-Waha has been banned since 2006. In May, he was sentenced to six months in prison in connection with a separate 2006 case.” [29a]

16.25 Reporters Without Borders reported on 10 April 2009 that two Moroccan journalists working for the Moroccan weekly, Assahrae Al Oubouiya, were arrested and prevented from covering the 2009 presidential election. They were subsequently removed from the country following the intervention of officials from the Moroccan embassy. [62b]

16.26 The International Federation of Journalists (IFJ) reported on 20 July 2009 that on 16 July 2009 a court in Tebessa jailed Rabah Lamouchi, the local correspondent of Al Nahar newspaper, an Arabic daily, for alleged defamation and working without an accreditation. The IFJ went on to report that “The editor of Al Nahar, Anis Rahmani, reportedly refuted the allegation against Rahab of working without accreditation. It is believed that, at the time of his arrest, the journalist was investigating the security forces in the Tébesse area whom he had publicly accused of withholding security information without good reason.” [58a]

16.27 The Committee to Protect Journalists (CPJ) reported on 24 September 2010 that two Moroccan journalists were effectively detained for four days in the town of Tindouf. The CPJ stated:

“Lahcen Tigbadar and Mohamed Slimani, journalists with the Moroccan weekly Assahra Ousbouiya, returned home on Wednesday…Algerian police had prevented them from leaving a hotel in Tindouf, where they had been reporting on conditions facing refugees from Western Sahara. Assahra Ousbouiya [a Moroccan newspaper] said Tigbadar and Slimani had been obstructed despite having obtained press accreditation from Algerian authorities. The Algerian daily Echorouk quoted unidentified Algerian sources as disputing the accreditation claim.” [31a]

16.28 The Amnesty International Report, 2010 - Algeria, released on 28 May 2010, stated, “Journalists, human rights defenders and others were prosecuted on defamation and other criminal charges apparently because of their criticism of the authorities' human rights record or of public officials and institutions.” [26d]

16.29 For details of the punishments for journalists who are critical of public institutions or individuals see the link to the Penal Code in section 11.14.

For details of incidents involving particular journalists and/or publications see the USSD Report 2009, Reporters San Frontiers Algeria country page and the Committee to Protect Journalists Algeria country page.

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17. HUMAN RIGHTS INSTITUTIONS, ORGANISATIONS AND ACTIVISTS

For further information regarding political organisations and freedom of expression generally, see sections on Political affiliation and Freedom of speech and media.

17.01 The Freedom House report Freedom of Association Under Threat: the New Authoritarians’ Offensive Against Civil Society, (FH Freedom of Association report 2008) section on Algeria, dated 13 November 2008, stated:

“The main statute controlling nongovernmental organizations (NGOs) is the Associations Law of 1990, which is often criticized for its restrictive nature. The law stipulates that there must be at least 15 founding members for each organization, and if an association is suspended, the founding members may face financial penalties or even prison. Moreover, the law grants the government significant discretion in rejecting applications for registration. Any organization whose founders have ‘demonstrated conduct contrary to the interests of the fight for national liberation’ can be denied registration. The vagueness of this stipulation leaves it particularly open to abuse, and the Ministry of Interior (MOI) has denied recognition to several NGOs that are critical of government policies. The MOI can also refuse to register any group charged with disturbing public order, and it has rejected some applications on security grounds without providing evidence to support the decisions.” [29c]

17.02 The International Federation for Human Rights (FIDH) Observatory for the Protection of Human Rights Defenders, Annual Report 2010 (FIDH Report 2010), section on Algeria, covering events in 2009, dated 13 September 2010, stated:

“In 2009, the Algerian authorities continued to prevent human rights organisations from being given legal recognition. Thus, associations of the families of disappeared persons, such as SOS-Disappeared (SOS Disparu(e)s), still do not legally exist because they are not given a receipt by the local authorities. The Mich’al Association of the Children of the Disappeared from Jijel (Association Mich’al des enfants de disparus de Jijel – AMEDJ), created on May 22, 2009, also met with the refusal of the Jijel “wilaya” associations office to issue a receipt on May 24, 2009 for filing their application to create the association. Similarly, the Citizen Generations (Générations citoyennes) association had still not been registered as of the end of 2009.” [12a] (p444-449)

17.03 The same source also observed that:

“In 2009, the Algerian authorities continued the frequent bans on holding meetings on human rights issues, in violation of Article 19 of the Constitution, which guarantees freedom of peaceful assembly. On July 16, 2009, the authorities banned a symposium on “rebuilding society through remembrance of victims”, organised at the trade union house in Algiers by the Coalition of Victims of the State and Victims of Terrorism (Coalition des associations des victimes de l’Etat et des victimes du terrorisme), including SOS-Disappeared, ‘Somoud’, ‘Djazairouna’, the Collective of the Families of the Disappeared in Algeria (Collectif des familles de disparus en Algeria – CFDA) and the Euro-Mediterranean Federation Against Forced Disappearances (FEMED). The Head of security of the ‘daïra’, an administrative subdivision of the wilaya, informed the organisers that the ban on the symposium was issued by the ‘Wali’ (Governor) of Algiers for reasons of ‘public safety’. The symposium was finally held at the headquarters of SOS-Disappeared with far fewer participants and under very difficult conditions: it was held in a room that was too small and was unheated, and it was not

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possible to warn all the participants of the change of venue. In addition, in a ruling dated May 25, 2009 and for which no reason was given, the services of the Office of General Affairs Legislation (Direction de la réglementation des affaires générales – DRAG) of the Algiers wilaya banned a training seminar for journalists on “the role of the journalist in protecting human rights”. The seminar, organised by the Algerian Human Rights Defence League (Ligue algérienne de défense des droits de l’Homme – LADDH), was due to be held in Zeralda, west of Algiers, on May 26, 27 and 28, 2009, bringing together 25 journalists from different towns. Similarly, on October 8, 2009, LADDH received a written notification from DRAG, with no reason given, banning it from holding a “National Meeting on the Abolition of Capital Punishment” planned for October 10 to celebrate the World Day Against the Death Penalty. The meeting, which was due to be held at the Hotel El Biar in Algiers, was finally held at LADDH headquarters.” [12a] (p444- 449)

17.04 The United States Department of State Country Report on Human Rights Practices 2009, Algeria, (USSD Report 2009), published 11 March 2010, noted:

“The government continued to restrict and harass some local NGOs and impeded the work of international NGOs. Although some human rights groups, including LADH [The Algerian League for Human Rights] and LADDH [The Algerian League for the Defence of Human Rights], were allowed to move about freely, the most active and visible organizations reported interference by government authorities, including surveillance and monitoring of telephone calls, difficulty in securing meeting spaces, and difficulty in obtaining approval for international speakers to speak on sensitive issues.

“The government was not publicly responsive to reports and recommendations from domestic human rights NGOs and interfered with attempts by some domestic and international human rights groups to investigate and publish their findings. Domestic NGOs must be licensed by the government and are prohibited from receiving funding from abroad without approval from the Minister of National Solidarity and the MOI. However, approximately 100 unlicensed NGOs, such as women's advocacy groups and charity organizations, operated openly. Unlicensed NGOs did not receive government assistance and citizens were at times hesitant to be associated with these organizations”. [6a] (Section 5)

17.05 The USSD Report 2009 report continued:

“The most active independent human rights group was the LADDH, a legally recognized NGO with members throughout the country. The LADDH was not permitted access to government officials for human rights advocacy or research purposes or to prisons, except for normal lawyer-client consultations. The smaller LADH, an independent organization based in Constantine, was licensed and members throughout the country monitored individual cases…

“NGOs not legally recognized by the MOI, cannot conduct investigations. Sometimes, however, even legally recognized NGOs were prevented from conducting investigations. For example, the LADDH did not have access to prison camps or detention centres.” [6a] (Section 5)

17.06 The official website of LADDH, accessed 14 February 2011, stated, on the page Who are we? (in translation), “The Algerian League for the Defence of Human Rights (LADDH) is a national non-profit organization subject to the provisions of Law 90-31 of

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December 4, 1990 on associations. It was created in 1985 by a group of militants at their head Master Ali Yahia Abdenour its first president, now honorary president. Officially recognized by the authorities, 26 July 1989, after the political opening torn by the events of October 5, 1988.” [20a]

17.07 It goes on to state (in translation), “The independence of the LADDH compared to the Institutions of the State and with the political parties is the pledge of its freedom, and its quality of against being able on the problems of freedoms, opposed to the official annexation of the human rights.” [20a]

17.08 Several reports by LADDH, covering various human rights issues, can be accessed via the following link. The site is in French so a translation facility will be required.

http://www.la-laddh.org/spip.php?rubrique9&lang=fr [20b]

17.09 The FH Freedom of Association report, 2008, added:

“Civil society organizations report significant administrative delays in obtaining approval for their registrations, which in practice can take months or even years. Furthermore, the government frequently fails to provide written confirmation of the registration, exposing NGOs to the risk of arbitrary closure when they are unable to prove their legal status. However, some associations that were refused official recognition continue to operate. SOS Disparus, an NGO calling for an investigation regarding the thousands of Algerians who vanished during the 1990s, is one such group. In February 2007, a conference it organized in conjunction with other Algerian and international organizations was forced to relocate after security forces banned it and international participants were denied visas.

“For Algerian NGOs to get funding from foreign sources, they must obtain authorization from the MOI and the Ministry of National Solidarity, a task which has proven extremely difficult.” [29c] (Special Reports section)

17.10 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“There is an emergent civil society in Algeria, although mostly centred on social rather than political advocacy issues. The government maintains a tight grip on the activities of civil society, but not on their reporting. Many organisations would be recognised as QUANGOs rather than NGOs in a western sense. Most rely on the government for funding and many rely on the government for the majority of their funding. Registration is controlled by the Interior Ministry…The few independent NGOs, such as the group which campaigns for further information on the disappeared during the civil war, are given limited space to operate. At the time of writing this paper…the government had started to prevent the NGO, SOS Disparus, from conducting its weekly demonstration by a small group of mothers of the disappeared from taking place outside the (governmental) Consultative Commission for the Promotion of Human Rights. These demonstrations had been taking place for over 12 years.” [5c]

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INTERNATIONAL NGOS

17.11 The USSD Report 2009 noted that:

“International NGOs continued to experience delays in obtaining visas, and outright refusals occurred. Delays in processing visa applications nonetheless prevented a number of NGOs from conducting programming during the year. However, during the year the government granted visas to personnel of several organizations that had not previously been able to obtain visas. The government maintained that legislation did not allow branches of foreign NGOs to operate legally in the country.

“In November a representative of the NGO National Democratic Institute (NDI) visited Algiers to meet with political and civil society actors after the government issued a visa in October. This was the first visit of an NDI official since 2007.

“Freedom House representatives attended an October 2-3 forum in Algiers on democratic reform in the Arab world, organized with the independent Arabic-language newspaper, El Khabar.

“According to local AI representatives, in November AI explored the possibility of visiting the country, but at year's end had not received a response to its request. AI officials have not visited the country since 2005 and were denied visas in 2006. Human Rights Watch secured permission for a visa but at year's end had not yet formally applied for one.

“In March 2008 the prime minister urged foreign diplomatic missions to respect diplomatic courtesy and warned civil society and political organizations about holding meetings (with foreign missions) that ‘undermine the country's internal affairs.’ In April 2008 Interior Minister Zerhouni told an audience of parliamentarians that international NGOs in the country were not ‘helping or building’ the country.

“International NGO Handicap International and local NGO the National Foundation for Health Promotion and Research Development (FOREM), both of which worked on children's rights, did not report difficulty conducting investigations.

“In January 2007 Yakin Erturk, UN special rapporteur on violence against women, visited the country. However, the government continued to deny requests for visits from the UN Working Group on Enforced or Involuntary Disappearances (pending since 1997), the UN special rapporteur on torture (pending since 1997), and the UN special rapporteur on extrajudicial executions (pending since 1998).” [6a] (Section 5)

17.12 The FH Freedom of Association report 2008 added:

“Visiting members of international NGOs often face obstacles when seeking visas. The groups affected include Freedom House, whose U.S.-based staff applied for visas twice in 2007 and were rejected both times. Moreover, visa delays prevented Amnesty International from hosting a conference on violence against women in March 2006, and the National Democratic Institute (NDI) was forced to cancel scheduled events on electoral systems and youth leadership in June of the same year due to visa problems.” [29c] (Special Reports section)

17.13 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated, “Foreign NGOs find working in Algeria

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difficult. They often have to work through Algerian partners and the government uses a range of bureaucratic tools to ensure that NGOs that it does not approve of find it very difficult to operate here.” [5c](Scene setter)

17.14 The report also noted:

“Algeria regularly misses the deadlines for its OHCHR [Office of High Commissioner for Human Rights] -mandated Universal Periodic Review on human rights and, according to the local media and NGOs, often refuses visits of UN Special Rapporteurs particularly relating to torture and enforced disappearances. (The OCHCR website states that Algeria has requests outstanding for visits from the Special Rapporteurs on CT and human rights; disappearances; summary and arbitrary executions; torture; and the working group on arbitrary arrests).

“On 26 August 2010, the head of the Consultative Commission for the Promotion of Human Rights, Farouk Ksentini, announced that the Algerian Government would invite human rights commissions from France, Spain, Italy and the UK to visit Algeria to conduct an investigation into the human rights situation. They would be asked to be report on the situation concerning the evolution of the freedom of the press, violence against women, the right to education, health, accommodation, clean drinking water and mental and physical health. The Consultative Commission for the Promotion of Human Rights would work with these international bodies to assist them in their work. He also said that international human rights NGOs who had requested to come to Algeria in the past would not yet be allowed to. But he added that it might be possible in the future as Algeria had nothing to hide. He said that the NGOs continue to be banned because of their criticisms of the Algerian Government's effort to combating terrorism and do not give sufficient recognition to the fact that the Government was fighting to protect democracy and civil society.

“Algeria’s annual human rights report produced by the Consultative Commission is presented to the President, but is never published. The report is believed to contain criticism of official bodies and recommendations of remedial action, but the National Commission’s official capacity means that it cannot be considered an independent report.” [5c]

See Freedom of movement

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18. CORRUPTION

18.01 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“There is a widespread belief among Algerians that corruption is endemic across government and within the key national industries, a view reinforced by the January 2010 corruption case involving accusations against the CEO and four of the five vice presidents of the state-owned oil and gas giant, Sonatrach.

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“In January 2010, the President announced the creation of a new governmental oversight body which will oversee the campaign against corruption. Its remit will cover all corruption, mostly focusing on state bodies as the dominant actors in the economy. However, there is scepticism over whether this body will have any positive impact. At the time of writing this paper in September 2010, no further action had taken place.” [5c](Human Rights Concerns)

18.02 Algeria scored 2.9 on Transparency International’s Corruption Perception Index 2010. The scale runs from 0 (high corruption) to 10 (no corruption). It is ranked in 105th position among 178 countries. (The CPI score indicates the perceived level of public- sector corruption based on independent surveys). [77a]

18.03 The United States Department of State Country Report on Human Rights Practices 2009, Algeria (USSD Report 2009), published 11 March 2010, stated:

“The law provides criminal penalties of two to 10 years in prison for official corruption; however, the government did not implement the law effectively. The World Bank Worldwide Governance Indicators reflected the existence of a corruption problem.

“In 2006 the government passed a law establishing a national anticorruption program, although parliamentarians removed a provision that required elected and senior officials to declare their assets and lifted parliamentary immunity in certain cases…In 2006 the president issued three decrees to implement provisions of the anticorruption legislation. The three presidential decrees and the penal code address the types of offences that the removed provisions were intended to punish. The decree also stipulates the formation of an anticorruption agency, but it had not been established by year's end. High-level government officials were subject to financial disclosure laws established by two presidential decrees published in 2006.” [6a](Section 4)

18.04 The report continued:

“The government took action on several high-profile cases of official corruption during the year [2009]… On October 7, an Algiers court began questioning high-level government officials suspected of extortion and influence peddling in awarding contracts to foreign companies involved in the construction of the East-West highway, one of the country's largest infrastructure projects…At year's end the outcome of the trial remained pending…

“In May 2008 press reports quoted MOI officials as saying that since 2007, 1,325 employees of municipal and provincial governments were subject to legal proceedings for wasting public funds, forgery, and bribery. According to the report, authorities convicted 324 employees, while the others remained under investigation or had trials pending.

“Lack of government transparency remained a serious problem. The government did not release many economic statistics. All ministries have Web sites, but not all were updated.” [6a](Section 4)

18.05 The Observatory for the Protection of Human Rights Defenders, in its Annual Report 2010, Algeria Chapter, referred to “Harassment of defenders who denounce corruption”:

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“In 2009, several defenders were prosecuted for having denounced local authority corruption. For example, Mr. Ghoul Hafnaoui, in charge of the LADDH branch in Djelfa, south of Algiers, and a journalist for the daily newspaper al-Wassat, was attacked at his home during the night of January 6 to 7, 2009 by a group of hooded individuals who were waiting for him to return. This attack appeared to be related to his condemnation of the corruption that pervades the city of Djelfa…He was sentenced to pay a fine of 50,000 dinars (around 500 euros) in a case brought against him… following the publication of an article in al-Wassat on September 9, 2008, which called for ‘the opening of an enquiry concerning a case of corruption involving wilaya officials’…

“Mr. Hassan Bouras, a journalist and LADDH [Algerian League for the Defence of Human Rights] activist, was sentenced for ‘defamation’ to three months in prison and a fine of 500,000 dinars (around 5,000 euros) by the Court of El Bayadh, in the west of the country. He was prosecuted following the publication of an article one month earlier in the weekly newspaper al-Khabar Hawadith that denounced the corruption practised by certain members of Parliament…

“On October 13, 2009, the Sedrata Court sentenced Mr. Ouahid Boulouh, a correspondent for al-Khabar in Souk Ahras, in east Algeria, to a fine of 500,000 dinars and damages of 500,000 dinars for the civil party for ‘defamation’ after publishing an article that referred to misappropriation of funds for community services at the Local Public Health Centre.” [12a](Harassment of defenders who denounce corruption)

18.06 The UN Committee on Economic, Social and Cultural Rights (CESCR), Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant: concluding observations of the Committee on Economic, Social and Cultural Rights: Algeria, published 7 June 2010, noted, “The Committee notes with concern that corruption remains widespread, despite recent efforts to curb the phenomenon, including the passing of Act No. 06-01 establishing a national anti-corruption programme.” [18d]

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19. FREEDOM OF RELIGION

19.01 The United States Department of State International Religious Freedom Report 2010, Algeria, (USSD IRF Report 2010), covering 1 July 2009 to 30 June 2010, published 17 November 2010, stated:

“The Constitution provides for freedom of belief and opinion and permits citizens to establish institutions whose aims include the protection of fundamental liberties of the citizen. The Constitution declares Islam the state religion and prohibits institutions from engaging in behaviour incompatible with Islamic morality. Other laws and regulations provide non-Muslims the freedom to practice their religion as long as it is in keeping with public order, morality, and respect for the rights and basic freedoms of others. The law prohibits efforts to proselytize Muslims, but it was not always enforced. Government officials asserted that the ordinance is designed to apply to non-Muslims the same constraints that the penal code imposes on Muslims.

“The status of respect for religious freedom by the government improved marginally during the reporting period. The government's National Commission for Non-Muslim

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Religious Services did not establish an administrative means for non-Muslim religious groups to register with the government as required by law. Government officials also publicly criticized evangelism and emphasized the dominant role of Islam in society. However, there were some positive changes in the government's treatment of religious minorities. The government ceased prosecutions of members of minority religious groups; paid increasing attention to Christian groups' concerns, including organizing a symposium on religious worship; officially recognized the first official representative of the Jewish community in the country; and allowed for the reopening of 25 synagogues. However, the government reportedly did not approve any other requests for registration by non-Muslim religious associations, including Christian groups that attempted to comply with ordinance 06-03. There is no administrative means to implement the ordinance yet established. The government stated that applications to register associations have been deferred since 2008 pending a revision of the 1973 law on associations.

“Although society generally tolerates foreigners and citizens who practice religions other than Islam, some local converts to Christianity kept a low profile out of concern for their personal safety and potential legal and social problems. Radical Islamists harassed and threatened the personal security of some converts to Christianity. Islamist terrorists continued to refer to interpretations of religious texts to justify their killing of security force members and civilians. Muslim religious and political leaders publicly criticized acts of violence committed in the name of Islam. Anti-Semitic articles occasionally appeared in the independent press. Press reports concerning riots between Maliki and Ibadi Muslim groups in Berriane suggested that sectarian differences contributed to the violence. Christian leaders also noted there was a decrease in press stories over conversions to Christianity.” [6c] (Introduction)

19.02 The Freedom House report, Freedom in the World 2010, Algeria, published 3 May 2010, stated, “Algeria’s population is overwhelmingly Sunni Muslim, and the small non- Muslim communities are able to practice their faiths without systematic harassment. However, proselytizing by non-Muslims is illegal, and the government in February 2008 began enforcing an ordinance that tightened restrictions on minority faiths. Given Algeria’s civil conflict, security services monitor mosques for radical Islamist activity.” [29b]

RELIGIOUS DEMOGRAPHY

19.03 The USSD IRF Report 2010 noted:

“More than 99 percent of the population is Sunni Muslim. There is a small community of Ibadi Muslims in the province of Ghardaia. Unofficial estimates of the number of Christian and Jewish citizens vary between 12,000 and 50,000. The vast majority of Christians and Jews fled the country following independence from France in 1962. In the 1990s, many of the remaining Christians and Jews emigrated due to acts of terrorism committed by Muslim extremists.

“For security reasons, due mainly to the civil conflict, Christians concentrated in the large cities of Algiers, Annaba, and Oran in the mid-1990s. According to Christian community leaders, evangelical Christians, including Seventh-day Adventists accounted for the largest number of Christians. Most evangelicals lived in the Kabylie region. Next in size were the Methodists and members of other Protestant denominations, followed by Roman Catholics.

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“During the reporting period, there were fewer press reports that Christian proselytizing had resulted in significant numbers of Muslims in the Kabylie region converting to Christianity. There were no standardized statistics on the number of religious conversions. Reporting from media, NGOs, and churches suggested that citizens, not foreigners, were the majority of those actively proselytizing in Kabylie.

“Since 1994 the Jewish community has diminished to less than 2,000 members due to fears of terrorist violence. The Jewish community was not active, and the synagogues remained closed or unused. While the government allowed for the reopening of 25 synagogues around the country, none are in use.” [6c] (Section I)

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CHRISTIANITY

19.04 The USSD IRF Report 2010 stated:

“The Government continued to implement Ordinance 06-03, including court proceedings and fines against some Christian converts. The Government began applying Ordinance 06-03 in February 2008, which resulted in the closure of approximately 27 churches and legal action against members of some Christian groups. The Government maintained that it was acting in accordance with the law when it ordered the church closures because the churches were not registered. The churches ordered closed included both house churches and buildings of long-established churches within and outside of the Kabylie region.

“Christian leaders reported that the Government did not register their organizations and places of worship despite efforts to comply with the ordinance. Many Christian groups indicated that they had repeatedly attempted to register with the Government but were unsuccessful, encountering difficulties in even obtaining accurate information on the registration process from local government bureaucracy ignorant of the process. Some applicants reported that some government administrative officials indicated their unwillingness to process applications, even if an administrative process existed. According to the Ministry of Religious Affairs, applications to register associations have been put on hold since 2008 due to impending amendments to the 1973 association law…

“Leaders of the Anglican Church, the Seventh-day Adventist Church, and other Protestant churches reported that their applications for registration remained pending, in some cases for more than four years. Some said the Ministry of Religious Affairs offered occasional legal guidance on association laws and noted that complicated bureaucratic rules sometimes required that applications be resubmitted. According to reports, some Christian groups did not attempt to obtain legal status from the Government. During the reporting period, church groups reported that approximately 22 churches continued to hold services despite being officially closed due to lack of government recognition.” [6c] (Section II: Restrictions on Religious Freedom)

19.05 The report also noted that “Because the government has not registered any new churches since ordinance 06-03 entered into force in February 2008, many Christian citizens continued to meet in unofficial ‘house churches,’ which were often homes or businesses of church members. Some of these groups met openly, while others secretly held worship services in homes.” [6c] (Section I)

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19.06 A January 2010 news article from Compass Direct News, called Algerian Church Continues in Spite of Burnt Building stated:

“Members of a church in Algeria’s Kabylie region gathered to worship last Saturday (Jan. 16) in their new building despite a protest, vandalism and a fire that damaged the building the previous weekend.

“Local Muslims bent on running the congregation out of the neighbourhood set fires inside and outside the building on Jan. 9.

“Before setting it on fire, the assailants ransacked the Tafat Church building in Tizi Ouzou, a city 100 kilometers (62 miles) east of Algiers. The perpetrators damaged everything within the new building, including electrical appliances.

“‘This last Saturday the church held a service even though not everyone was present,’ said Mustapha Krim, president of the Protestant Church of Algeria (EPA). ‘But they continue.’

“The protests against the new church building were unique in the Kabylie region, where the majority of Algeria’s Christians live.” [56a]

Proselytising and conversions

19.07 The USSD IRF Report 2010 noted:

“Ordinance 06-03 made proselytizing a criminal offence, and established the punishment for it as one to three years in jail and a maximum fine of [US]$6,800 (500,000 dinars) for violations by lay individuals and three to five years' imprisonment and a maximum fine of $13,600 (one million dinars) for violations by religious leaders. The law stipulates a maximum of five years in jail and a $6,800 (500,000 dinars) fine for anyone who ‘incites, constrains, or utilizes means of seduction tending to convert a Muslim to another religion; or by using to this end establishments of teaching, education, health, social, culture, training ... or any financial means.’ Anyone who makes, stores, or distributes printed documents, audiovisual materials, or the like with the intent of ‘shaking the faith’ of a Muslim may also be punished in this manner but this was not always enforced. During the reporting period, no new cases against proselytizing could be confirmed.” [6c] (Section 3)

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20. ETHNIC GROUPS

OVERVIEW

20.01 The Central Intelligence Agency’s (CIA), World Factbook, Algeria, updated 9 November 2010, stated that the ethnic composition of Algeria is 99% Arab-Berber and less than 1% European. It continued, “Almost all Algerians are Berber in origin, not Arab; the minority who identify themselves as Berber live mostly in the mountainous region of Kabylie east of Algiers; the Berbers are also Muslim but identify with their Berber rather than Arab cultural heritage; Berbers have long agitated, sometimes violently, for autonomy; the government is unlikely to grant autonomy but has offered to begin sponsoring teaching Berber language in schools.” [2a]

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20.02 Minority Rights Group International, in its overview of Algeria, undated, accessed 23 November 2010, listed the main minority groups as Berbers, including Kabyles, Shawiya, Mozabites and Tuareg, consisting of between 6.6 and 9.9 million people (20- 30 per cent of the total population), and Saharawi with a population of 120,000. It further stated:

“There are no reliable estimates for Berbers, this figure is based on CIA’s 2006 estimate for Algeria’s population (33 million) and calculated the Berber population based on the widely ranging reported figures of 20-30%. There are no reliable figures for Saharawi. This estimate is from the World Directory of Minorities (published 1997). Other reports put the figure at slightly higher, or roughly 0.5 per cent the national population).

“Algerians are primarily of Arab and Berber descent. The French population, approximately 10 per cent of the total in colonial times, has fallen to about 1 per cent today. Many other Europeans and almost all of the 150,000 Jews in Algeria also left the country after independence.” [3a]

20.03 The UN General Assembly, Human Rights and Cultural Diversity: report of Secretary- General, published 22 July 2009, stated:

“The Government of Algeria considers cultural diversity as an essential component of the dialogue between civilizations and cultures. Algeria has actively participated in the discussions on these issues and has ratified several international instruments on the protection of cultural heritage. Algeria has also adopted national legislation to translate those international commitments into domestic law.

“Algeria has also included the respect for cultural diversity in the Constitution, by recognizing the Amazigh language as a national language. Teaching in different national languages is encouraged in the school system, and the State has supported film and theatre productions in both national languages.” [18a] (p2)

20.04 The Freedom House Freedom in the World 2010 – Algeria report stated, “Algeria’s ethnic composition is a mixture of Arabs and Berbers. Those who identify themselves as Arabs have traditionally formed the country’s elite. In the last few years, following outbreaks of antigovernment violence in the Berber community, officials have made more of an effort to recognize Berber cultural demands. Tamazight, the Berber language, is now a national language.” [29b]

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BERBERS

Background

20.05 The United States Department of State Country Report on Human Rights Practices 2009, Algeria (USSD Report 2009), published 11 March 2010, explained that the Berber language is referred to as Tamazigh, Amazigh or Berber. All these terms are also used to describe the ethnic group. [6a] (Section 2a)

20.06 Minority Rights Group International, in its profile of Berbers, updated May 2008, stated:

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“The Berber-speaking population of Algeria constitutes a little over one quarter of the population and is concentrated in the mainly mountainous areas of Kabylia, Aurès, the M'zab and the Sahara.

“The Berber culture is not homogenous. Its existing constituent subcultures have relatively little in common outside the common root of their spoken dialects. About half of the Berber-speaking population is concentrated in the mountainous areas east of Algiers – Kabylia – and this area and its language have been at the centre of most Berber issues in modern Algeria. Over time the Kabyles have moved in large numbers to the cities of both Algeria and France in search of employment. The second largest Berber group, the Shawiya, inhabit the rugged mountains of eastern Algeria. Two smaller Berber communities are the Mozabites of the area around Ghardaia and the Tuareg nomads of the south. The 12,000 Tuareg, who are nomadic Berbers, live almost exclusively in the mountainous massifs of Ajjer and Ahaggar in southern Algeria. Geographical dispersion of Berber-speakers has hindered the emergence of a common identity. Kabyles are the most cosmopolitan and are more likely to speak French than other groups.” [3b]

20.07 The US State Department Background Note, Algeria, updated 2 August 2010, reported:

“In 2001, Berber activists in the Kabylie region of the country, reacting to the death of a youth in gendarme custody, unleashed a resistance campaign against what they saw as government repression. Strikes and demonstrations in the Kabylie region were commonplace as a result, and some spread to the capital. Chief among Berber demands was recognition of Tamazight (a general term for Berber languages) as an official language, official recognition and financial compensation for the deaths of Kabyles killed in demonstrations, an economic development plan for the area and greater control over their own regional affairs. In October 2001, the Tamazight language was recognised as a national language, but the issue remains contentious as Tamazight has not been elevated to an official language”. [6b] (History)

Current situation

20.08 The United States Department of State Country Report on Human Rights Practices 2008, Algeria, published 25 February 2009, stated, “The ethnic Tamazight minority of approximately nine million centred in the Kabylie region participated freely and actively in the political process and represented one-third of the government.” [6aa] (Section 3)

20.09 The USSD Report 2009 noted:

“Access to print and broadcast media for Amazigh culture continued to grow. Tamazight (the Amazigh or Berber language) programming also increased on the non-Berber language channels, as did advertisements in Tamazight on all television and radio channels. In 2007 the government created an Academy and a Superior Council of the Tamazight language, announcing that Tamazight is a national language…Beginning in the 2006-2007 scholastic year, the Tamazight language was officially taught in primary schools, starting in the fourth grade in 17 predominantly Berber provinces.” [6a] (Section 2a)

20.10 However, the UN Committee on Economic, Social and Cultural Rights (CESCR), Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant : concluding observations of the Committee on Economic, Social and Cultural

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Rights : Algeria, published 7 June 2010, noted, “The Committee is concerned that the Amazigh language has not yet been recognized as an official language, despite its recognition in 2002 as a national language, and that the teaching of the Amazigh language is not generally available to all age levels and in all regions.” [18d](Para 22)

20.11 Minority Rights Group International, in its report State of the World's Minorities and Indigenous Peoples 2010 - Algeria, published 1 July 2010, stated with regard to women:

“While in most cases it is non-Muslims that suffer deleterious effects from the Islamization of the law in Algeria, indigenous people too, especially women, are negatively impacted. For instance, according to the 2009 report of the NGO the International Work Group for Indigenous Affairs (IWGIA), women from the Amazigh minority 'suffer the weight of tradition and of the Family Code which draws full inspiration from Islamic (Sharia) law [and] places women in a subordinate position'. This discrimination exists in spite of the Amazigh community's demographic strength: about 30 per cent of the Algerian population.” [3c]

See also Children - education, Women and Judiciary – Shari’a

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21. LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS

In considering the position of lesbian and bisexual women see also section on Women for information about their position in Algerian society.

LEGAL RIGHTS

21.01 The International Lesbian and Gay Association report, State-Sponsored Homophobia, dated May 2009, stated that same-sex relations for men and women are illegal. The survey also provided the relevant legislation criminalising same-sex relations: “Penal Code (Ordinance 66-156 of June 8, 1966), Article 338 Anyone guilty of a homosexual act is punishable with imprisonment of between 2 months and two years, and with a fine of 500 to 2000 Algerian Dinars.” [30a]

21.02 The UN Human Rights Council, Summary prepared by the Office of the High Commissioner for Human Rights, in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 - Algeria, 6 March 2008, stated, “Article 338 of Algeria’s Penal Code (Ordinance 66-156 of June 8. 1966) provides that: ’…If one of the perpetrators is a minor of less than 18 years of age, the penalty applicable to the adult may be increased to imprisonment for up to three years and a fine of up to 10,000 Algerian dinars’.” [16a]

21.03 A Canadian Immigration and Refugee Board information request dated 30 July 2007 stated:

“Moreover according to Article 333, ‘when the outrage to public decency has consisted of an act against nature with an individual of the same sex’ the penalty is punishable by a prison term of six months to three years, and a fine of 1,000 DIN to 10,000 DIN.

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“An article appearing in 365Gay.com, a Web site based in the United States (US) which reports on gay issues, stated that ‘Algeria practices Sharia law, which calls for death for homosexuals’ (20 Apr. 2005). However, no information could be found by the Research Directorate to corroborate this statement within the time constraints of this Response’.” [8a]

21.04 The United States Department of State Country Report on Human Rights Practices 2009, Algeria, (USSD Report 2009), published 11 March 2010, stated, “The penal code criminalizes public homosexual behaviour for males and females, and there is no specific legal protection for lesbians, gays, bisexuals, and transgender (LGBT) persons. The law stipulates penalties that include imprisonment of two months to two years and fines of 500 to 2,000 dinars (($7 to $28). If a minor is involved, the adult may face up to three years' imprisonment and a fine of 10,000 dinars ($138).” [6a] (Section 5)

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TREATMENT BY, AND ATTITUDE OF, STATE AUTHORITIES

21.05 The Amnesty International report of 1 June 2003, Asylum-seekers fleeing a continuing human rights crisis, stated, “Homosexuality is a taboo subject in Algeria, as it is in various other countries in North Africa and the Middle East. In practice, the shame associated with homosexuality means that few individuals openly reveal their sexual orientation. Homosexuals may suffer harassment from the security forces and society in general.” [26c] (p8)

21.06 A Canadian Immigration and Refugee Board information response, dated 30 July 2007, reported:

“Reports by French newspapers Sud Ouest and Libération describe two cases in which gay Algerian men were beaten and rejected by their families for being homosexual; both men subsequently left Algeria (5 Sept. 2006; 13 Sept. 2006).

“An article appearing in QX Magazine asserts that there are no gay organizations or support groups in Algeria (19 Jan. 2005). The Research Directorate found two Algerian Web sites dealing with gay issues: Kelmaghreb, which describes itself as the first online magazine for gay Maghrebins [North Africans], and Algerigay, founded in 2004 (Kalmaghreb n.d.; Algerigay n.d.)… An article in QX Magazine states that the Algerian police do not protect ‘sodomites’ from violence (18 Jan. 2005). According to an article in the UK Gay News, the police and military reportedly ‘harass and brutalise gay people with impunity’ (21 Feb. 2005). Moreover, rape, beatings, and torture are reported to be common for gay men in both civilian and military prisons (QX Magazine 18 Jan. 2005; UK Gay News 21 Feb. 2005; Behind the Mask 21 Feb. 2005).” [8a]

21.07 The San Diego Gay and Lesbian News reported, on 14 April 2010, in an article, Gay Imam gets two-year jail sentence in Algeria, “The judge at the court of the city of Tizi Ouzou made yesterday in the afternoon, his verdict on the imam of the Al Attik charged with homosexuality. Caught in flagrante delicto in the mosque, Imam, aged 36, was sentenced to a term of two years and 20,000 dinars, while his companion was sentenced to the same penalty.” [64a]

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SOCIETAL TREATMENT AND ATTITUDES

21.08 An article by a ‘BTM French Reporter’, dated 23 October 2008, cited on the Behind the Mask website, that “…Abu Nawas [an Algerian LGBT group] ... aims to fortify solidarity and provide support to the gay community in Algeria.” The article continued that Abu Nawas, the only Algerian lesbian, gay, bisexual, transgender and intersex (LGBTI) organisation,

“…had planned a petition to be signed by all LGBTI individuals and to be sent to the Algerian government to demand the recognition of gay rights, but couldn’t be forwarded because Algeria is fraught of homophobia and very restrictive laws are enacted towards homosexuality [sic].

“However, Abu Nawas decided to repeat the symbolic and silent candle light vigil it had on its first anniversary in 2007… This message of mutual support and solidarity in such hostile environment towards Algerian LGBTI people is all Abu Nawas members needed in this time of tribulation and fear… LGBTI members have several reasons to fear for their life in Algeria just like in most African countries. Not only the constitutions and penal codes prohibit and punish homosexuality, but LGBTI individuals and organisations have to fear the mob mentality.

“’Had the public knew [sic] about our celebration or who was behind it, we would have been molested’, Randa [co-founder of Abu Nawas] cautioned.

“He concluded that the Algerian society is so homophobic… that they cannot make public activities [sic].” [33a]

21.09 The International Lesbian, Gay, Bisexual, Trans and Intersex Association, on the news section of their website, reported on the similar event in 2010:

“A date was born-again, 10th October self proclaimed as national day for Gay, Lesbian, Bisexual, and Transgender (L.G.B.T) in Algeria…

“We are determined to fight for our rights to repeal laws that criminalize homosexuality, and not to be stigmatized. To be able to complain when we are exposed to violence without fear of being criminalized. Not to be justified for the police to harass us in the street for no lawful reason but only for being who we are, LGBT…

“The TenTen 2010 aims to light candles at 8:00 pm on 10 October no matter what the participants [sic] gender or sexual orientation are. The event may appear simple but it is a symbol of solidarity with Algerian LGBT who through lighting candles at the same time in different cities in Algeria and around the world, break their sense of isolation and give themselves a glimpse of hope for their community.

“The National Day of Algerian LGBT in its four year life takes for the first time the slogan ‘Hope’. Abu Nawas group supervises the event, and last September launched 2 competitions to design poster and video for the event TenTen 2010 (in reference to 10/10/2010) under the banner of ‘hope’. The competitions are for Algerian online LGBT forum members. Abu Nawas only plays the role of coordination and supervision of the competition while the forum members will design and vote for the best poster and best video of the official event.

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“New this year: the Album ‘Ten’ represents 10 in Arabic which also means sociability in the same language. The concept involves the direct participation of internet users from Algerian LGBT to design photo album of TenTen 2010. The participants take pictures of candles in well known or historical places in cities where they are. Participation is open to algerian citizens and their friends outside the country. Abu Nawas Group seek through this album of candles (Ten) TenTen in the streets of Algeria to put an end of celebrating ‘in secrecy’ to this day...” [30b]

21.10 Afrolnews, reporting on 13 October 2010, on the same event in Algerian gays lit candles for recognition, noted, “The marking of 10 October went peacefully. The Algerian press completely ignored the event.” [65a]

21.11 The USSD Report 2009 stated, “There was societal discrimination against homosexuals, but no reported violence or official discrimination. While some homosexuals lived openly, the vast majority did not.” [6a] (Section 5)

21.12 The Country of Return Information Project May 2009 Country Sheet for Algeria stated:

“Homosexuality is one of the major taboos in the Algerian society. Despite the fact that it is quite spread out as a practice, it is invisible as topic or as political demand and its existence is denied by Algerian authorities…Beside illegal meeting places, there is no association fighting for gay rights or having an interest in this matter.

“Young gay Algerians are stigmatized, oppressed and marginalised and often have no choice but meeting up on the Internet in chat rooms where they can ‘let off their sexual freedom, exchange experiences, talk about their fears, their experience as gay men/women and their exasperation of living two lives due to social, moral and religious taboo’. In practice, the shame associated with homosexuality means that few individuals openly reveal their sexual orientation. Homosexuals may suffer harassment from the security forces and society in general’.” [10a] (Homosexuals)

21.13 An undated article, called Being Gay in Algeria Today, posted on the website Gay Activists Alliance – Africa, accessed 26 January 2011, can be accessed via the following link:

http://www.gayactivistsallianceafrica.org/index.php?option=com_content&view=article&i d=305:being-gay-in-algeria-today&catid=1:latest-news&Itemid=18 [79a]

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Transgender persons

21.14 CNN reported on 9 July 2010, in an article, Algerian transsexual's memoirs reveal life of discrimination:

“An Algerian transsexual has published her memoirs, describing the discrimination she faced in her home country, which culminated in death threats that forced her to flee to Lebanon. Randa, who says she's ‘around 30,’ now lives as a woman in Beirut, Lebanon, but was born a boy, called Fouad, in Algeria…

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“Aged 20, she began hormone therapy while she was at university but said she had to stop for fear her family would completely disown her. Her family eventually did disown her, three years ago, when she first dressed as a woman.

“As an adult Randa worked as a nurse in a clinic and set up a support group for gays and transsexuals in Algeria. But she said her public support for homosexuals brought unwelcome attention from the authorities, in a country where homosexuality and transsexuality is illegal.

"’In Algeria I didn't feel safe at all,’ she said. ‘The last month I spent there, every time I was leaving home for work, I wasn't sure I would come back alive in the evening. Pressure was way too high. People were following me. Policemen came to my office twice asking where I was. It was a way to frighten me.’

“Randa said she was eventually forced to flee the country after receiving written and verbal death threats from radical religious groups.” [61b]

Lesbians

21.15 No specific information could be found on lesbians other than that reported generically as ‘gay and lesbian’. There are however several chat and dating sites for Algerian lesbians that can be found on the internet.

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22. DISABILITY

22.01 The United States Department of State Country Report on Human Rights Practices in Algeria, 2009 (USSD Report 2009), published 11 March 2010, stated:

“The law prohibits discrimination against persons with disabilities in employment, education, access to health care, or the provision of other state services, although, in practice the government did not effectively enforce these provisions. The law provides protection, including free medical care, for persons with disabilities, especially children; however, there was widespread social discrimination against persons with disabilities. No government buildings were accessible to persons with disabilities. Public enterprises, in downsizing their work forces, generally ignored a requirement that they reserve one percent of jobs for persons with disabilities. Social security provided payments for orthopaedic equipment. The MNS [Ministry of National solidarity] provided some financial support to healthcare-oriented NGOs; however, for many NGOs this financial support represented approximately 2 percent of their budgets. The MNS maintained that there were 1.5 million persons with disabilities in the country. However, according to the Algerian Federation of Wheelchair Associations, there were three million persons with disabilities living in the country.” [6a] (Section 5: Persons with Disabilities)

22.02 Details of statutory disability benefits in Algeria are outlined in the Algeria country summary of the United States Social Security Administration’s ‘Social security programs throughout the world’, released August 2009.

http://www.ssa.gov/policy/docs/progdesc/ssptw/2008-2009/africa/algeria.html [41a]

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The summary set out details of permanent disability pensions (“average earnings in the last 12 months multiplied by the assessed degree of disability”) [41a] , and temporary disability benefits (the insured must be assessed with a loss of earning capacity of at least 50%.). [41a]

22.03 The United Nations reported on their website, Enable, (accessed 21 December 2009) that Algeria ratified the Convention on the Rights of Persons with Disabilities (UN) on 4 April 2009. [18c]

22.04 Handicap International has been working in Algeria since 1998. The Algerian page of its website stated, “Our activities in Algeria form part of a wider development process. We aim to make structural improvements to the lives of people with disabilities, to foster their inclusion, and to ensure they play a full role in society. Handicap International has more than 50 partnerships with Algerian organisations in the field of social, economic and educational inclusion, mental health and rehabilitation.” The website can be accessed via the following link: [66a]

http://www.handicap-international.org.uk/where_we_work/africa/algeria [66a]

MENTAL DISABILITY

22.05 The International Disability Alliance (IDA) in an Algeria state report, included in the 46th Pre-Sessional Working Group, 2-6 August 2010 noted:

“Algeria has acted on the international recommendations published by the WHO [World Health Organisation] by developing a national mental health programme. That programme, which was introduced in 2001, emphasizes prevention and the establishment of means of subsequently reinforced with a network of intermediate mental health centres.

“These centres, the first of which was opened in 2002, provide basic services and are designed to afford enhanced access to services and more effective medication management. Since the launch of the programme, preventive mental health services and care for persons at risk have been incorporated into the school and university health system, over and above the complementary work being done by associations and NGOs as well as other State agencies. Plans for the coming three-year period include more effective curative and preventive care through the integration of psychiatrists working in the private sector, who are relatively numerous (there are 160 private practices), larger scale awareness and communication campaigns, and promotion of partnership and cooperation with other relevant sectors. A further objective is to realize an effective expansion of this care delivery system by providing services to drug addicts, working to that end in close cooperation with the Narcotics and Addiction Board and other departments and agencies. Fifty-three intermediate centres providing care for addicts and 15 regional detoxification centres are currently being established.” [67a]

See also Medical Issues – Mental health

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23. WOMEN

OVERVIEW

This section should also be read in conjunction with the section on Children regarding the position of girls in Algeria.

23.01 Algeria acceded to the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) on 22 May 1996. (UN Treaty Database, accessed 10 January 2010). [9a] The UN Human Rights Council document, Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Yakin Ertürk: addendum: mission to Algeria [which took place between 21 and 31 January 2007], dated 13 February 2008 stated:

“In 1996, Algeria ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and has since reported twice to the Committee that monitors the Convention. Algeria made extensive reservations to Articles 2 and 16, which would effectively establish the primacy of the Algerian Family Code over the provisions of CEDAW. These reservations are contrary to the object and purpose of CEDAW and therefore impermissible according to article 28, paragraph 2 of CEDAW.” [35b] (p6-7)

23.02 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, stated:

“Algeria has…made reservations relating to two conventions relating to women’s rights (CEDAW and Convention for the Political Rights of Women). Though Algeria has ratified these two conventions, it considers that they should be implemented in accordance with the country’s family code. It has reservations also relating to:

“Articles 2, 9 (para 41), 15 (para 4), 18 of CEDAW

“Articles 13, 14, 16 and 17 of the Convention on the Rights of the Child

“Articles 2-9, 2-15, 4-16 and 1.29 of the Convention on the Elimination of all Forms of Discrimination against Women

“These reservations relate to family issues such as child custody, divorce, etc.” [5c](Legislative Framework)

23.03 The UN Human Rights Council document, Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Yakin Ertürk: addendum: mission to Algeria [which took place between 21 and 31 January 2007], dated 13 February 2008, continued:

“Since independence, Algerian women have made remarkable advances in education, although gender gaps continue at various levels and among certain professions, including judges, teachers and medical doctors. At the same time, marginalization and feminized poverty remain areas of great concern. Women, who are socially stigmatized, including divorced, separated and deserted women, single mothers and street women, are particularly vulnerable and urgently need more State support.

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“While women enjoy formal legal equality in the public sphere, they lack equal access to the labour market and decision-making positions, as evidenced by their low representation in these areas. Moreover, many women are still subject to oppression and discrimination in the community and family circle. The Family Code has been considerably improved but retains institutions that disadvantaged women, most significantly with regard to inheritance and the material consequences of divorce.

“Violence against women in the private sphere is pervasive and yet largely invisible. The ejection of women and girls into the street is a particularly egregious form of such violence. Sexual harassment and abuse in public institutions is an emerging issue with diverse consequences for women.” [35b] (p2)

23.04 The Economist Intelligence Unit’s 2008 Country Profile on Algeria stated that “The Ministry of Health says that the trend towards a lower birth rate is a result of improved access to contraceptives and the implementation of family planning policies, despite conservative opposition.” [37b]

23.05 The Freedom House 2010 report on Women’s Rights in the Middle East and North Africa 2010 – Algeria, dated 3 March 2010, (Freedom House report on Women’s Rights in Algeria) observed:

“The present situation for Algerian women is complex and often ambiguous. Some believe that the family code, even with the recent revisions, is discriminatory and should be replaced by secular civil laws. This view has been continuously defended, notably, by Louisa Hanoune, a secular feminist and the only female leader of a political party, the Party of Workers (‘Parti des Travailleurs’). However, women's empowerment is also inhibited by other factors, including gender-based prejudices, the lack of legal awareness among women, and broader government restrictions on civil liberties and political rights. Despite these constraints, the number of women's rights organizations has grown since 2004. Analysts praise the energy of these organizations as well as the interest that Algerian women display in learning about their rights whenever they are given the opportunity to do so. Scholars and activists emphasize the fact that the actual practices of Algerian society are often more progressive than official discourse or formal laws may suggest.

“The burgeoning number of women's rights groups over the last five years showcases growing activism and civic involvement among women. However, the feminist movement continues to face challenges. Women's rights organizations are increasingly fragmented along ideological lines, and activists do not necessarily agree on what constitutes the best strategy for achieving further advances. While some emphasize the need for change at the legal level, particularly within the family code, others contend that establishing and enforcing the rule of law and extending civil liberties at all levels are more pressing objectives. However, it is clear that none of these approaches can be entirely successful as long as the government continues to exercise tight controls on the use of the public sphere and within political parties, and women remain unaware of their existing or potential rights.” [29d] (Introduction)

23.06 The same source rated women’s freedom in Algeria in 2009 on a scale of one to five (one representing the lowest and five the highest level of freedom women have to exercise their rights – methodology for the ranking is here):

• “Non-discrimination and Access to Justice: 3.1

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• Autonomy, Security, and Freedom of the Person: 3.0 • Economic Rights and Equal Opportunity: 3.0 • Political Rights and Civic Voice: 3.0 • Social and Cultural Rights: 3.0” [29d]

23.07 The UN Committee on Economic, Social and Cultural Rights (CESCR), Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant : concluding observations of the Committee on Economic, Social and Cultural Rights: Algeria, published 7 June 2010, noted:

“The Committee notes with concern that, despite the amendments to the Constitution through article 31(bis) of Act No. 08-19 of 15 November 2008, the Family Code and the Nationality Code, de jure and de facto inequalities continue to exist between men and women, in particular, the persistence of stereotypes, attitudes and patriarchal traditions on family and societal roles of men and women. It is also concerned by discrimination against women (in particular regarding inheritance rights), lower representation of women in decision-making and public positions and wages for women that are nearly a third of those for men.” [18d](Principal subjects of concerns and recommendations)

The UN Human Rights Council document, Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Yakin Ertürk: addendum mission to Algeria, dated 13 February 2008, provides comprehensive coverage on the position of women. [35b]

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LEGAL RIGHTS

23.08 The United States Department of State Country Report on Human Rights Practices 2009, Algeria, (USSD Report 2009), published 11 March 2010, noted, “The constitution prohibits discrimination based on birth…gender and social status. In general, the government enforced the nationality and family codes, although women continued to face some legal and social discrimination.”[6a](Section 6) The same source also observed:

“The constitution provides for gender equality; however, some aspects of the law and many traditional social practices discriminated against women. The family code is based in large part on Shari'a. The family code prohibits Muslim women from marrying non- Muslims, although this regulation was not always enforced. A woman may marry a foreigner and transmit citizenship and nationality in her own right to both her children and spouse. Muslim men may marry non-Muslim women. Under the law, children born to a Muslim father are Muslim, regardless of the mother's religion.” [6a] (Section 6)

23.09 The United States Department of State International Religious Freedom Report 2010, Algeria, (USSD IRF Report 2010), covering 1 July 2009 to 30 June 2010, published 17 November 2010, stated, “Some aspects of the law and many traditional social practices discriminate against women. The Family Code, which draws on Shari'a (Islamic Law), treats women as minors under the legal guardianship of a husband or male relative.” [6c] (Section c)

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23.10 The Freedom House 2010 report on Women’s Rights in Algeria observed:

“Civil laws and policies apply to men and women equally, but Article 1 of the civil code stipulates that ‘in the absence of any legal disposition, the judge pronounces himself according to the principle of Islamic law and, if necessary, according to customary law.’ It is primarily for crimes against women, such as rape or abduction that such legal dispositions are missing. Consequently, women are the main victims of this legal dualism. In the private sphere and in all matters concerning the family, the 1984 family code applies. This code—which is based on Shari'a, customary law, and French law— severely restricts women's liberties and opportunities. Amendments in 2005 removed some of its gender-based inequities, but many discriminatory provisions remain.” [29d] (non discrimination and access to justice)

23.11 The report continued:

“All citizens are entitled to equal access to justice regardless of their gender, and women are fairly well represented in the judiciary as judges and lawyers. However, in practice, women typically either do not know their legal rights or refrain from asserting them through formal legal channels. This is particularly true regarding claims involving domestic violence, sexual harassment, and rape. The reluctance to pursue these claims can be attributed to several factors, including the real and perceived biases in the law and the ongoing prevalence of patriarchal attitudes in society. Laws concerning women's rights are sometimes implemented in an arbitrary manner, especially in cases that pertain to the family code. In addition, the significant financial cost associated with pursuing legal cases is a major obstacle for women, who are often economically dependent on their husbands or fathers.” [29d] (non discrimination and access to justice)

23.12 The same report noted:

“The courts consider male and female plaintiffs and defendants to be equal before the law, but the Ministry of Justice considers the testimony of two female witnesses to be equal to that of one male witness in criminal cases. Female defendants can receive different sentences based on their gender in certain circumstances. For instance, Article 16 of the code of penitentiary organization stipulates that the punishment of a woman can be suspended if she is pregnant or has a child less than two years old (the breastfeeding period is defined as 24 months). In addition, when both the father and the mother of dependent children are sentenced to time in prison, the mother's sentence is delayed until the father has been released from prison.” [29d] (non discrimination and access to justice)

23.13 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, noted, “Algerian law does not yet fully recognise women’s rights, including protection against sexual harassment in the workplace, marital rape and domestic violence, none of which is yet criminalised.” [5c]

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POLITICAL RIGHTS

23.14 The Freedom House 2010 report on Women’s Rights in Algeria stated:

“Restrictions on the political and civil rights of women are just one aspect of the broader limitations affecting the public sphere in Algeria. The freedoms of expression and association are restricted by a government that is heavily influenced by the military and the ruling FLN party. If a woman belongs to an influential group, she may wield more power than men belonging to a less important group. Thus the activism of privileged women belonging to powerful clans tends to overshadow more discreet forms of activism by civil society. Whatever their affiliations, women remain severely underrepresented in the executive branch, the parliament, and local government bodies.” [29d] (Political rights and civic voice)

23.15 The USSD Report 2009 noted:

“There were three women in the cabinet. Women also held 30 of the 389 seats in the Popular Assembly of the Nation, the lower legislative chamber and four of the 144 seats in the Council of the Nation, the upper chamber. A woman led the Workers Party, and three major political parties – FLN, National Rally for Democracy, and Rally for Culture and Democracy – had women's divisions headed by women. The country did not have a quota system to require election of women to a certain percentage of seats in the parliament.” [6a] (Section 3)

23.16 On 13 February 2008, the UN Human Rights Council in its Report of the Special Rapporteur on violence against women, its causes and consequences noted:

“Algerian women actively participated in the struggle against colonial rule and many assumed public office upon independence. Although women continue to hold important public functions today (e.g. the Presidency of the Council of State, the highest administrative court), the overall representation of women among public decision makers has stagnated. At the time of my visit, only 3 out of 41 members of the Cabinet were women, including 2 Delegate Ministers without a ministry of their own. When this report was finalized, Algeria was ranked 110th out of 134 in the Inter-Parliamentary Union’s World Classification of Women in National Parliaments.

“Women seeking to enter public life often have to overcome resistance in their own family. Moreover, the gateways to public office, including political parties and labour unions, continue to be male-dominated as regards their membership, working methods and institutional character.

“There is a lively debate in Algeria as to whether to introduce a 30 per cent quota for women in Parliament and other public functions, in order to stimulate women’s political activity and provide women with the critical mass needed to reshape the institutions of power.” [35b]

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SOCIAL AND ECONOMIC RIGHTS

Family Law

23.17 The Freedom House 2010 report on Women’s Rights in Algeria stated:

“The 1984 family code established the concept of an agnatic family structure characterized by patriarchal authority. Under this code, which was designed to appeal to Islamic fundamentalists by meeting a few of their basic priorities, women were primarily recognized as guardians of kin and tradition rather than as autonomous individuals. In 2005, partly under the pressure of women's organizations, the family code was finally amended by the government of President Abdelaziz Bouteflika, who has been in power since 1999.

“The new code has brought a number of positive changes. It grants women more rights in terms of divorce and housing, reduces the role of a woman's male guardian to a largely symbolic status, and ensures Algerian women's right to transmit citizenship to their children. However, most women's rights groups continue to regard the amended code as far too hesitant to create true gender equality.” [29d] (Introduction)

See Human Rights, Introduction – para 7.05 and Judiciary – Shari’a

Inheritance

23.18 The USSD Report 2009 noted, “Women suffered from discrimination in inheritance claims. Women were entitled to a smaller portion of an estate than male children or a deceased husband's brothers. The law explains that such a distinction is justified because other provisions require that the husband's income and assets be used to support the family, while the wife's remain, in principle, her own. However, in practice, women do not always have exclusive control over assets that they bring to a marriage or that they earned.” [6a] (Section 3)

23.19 The Freedom House 2010 report on Women’s Rights in Algeria noted:

“Most women's rights activists oppose the current inheritance scheme…Many families circumvent the inequities of the inheritance law by giving portions of estates to daughters while the owner is still alive, a practice that some government officials have criticized as a form of tax evasion…Some women are pressured by male relatives to give up their legal share of inheritance to keep land and other property in the male line of the family, but the situation is improving slowly, and there is considerable variation from place to place.” [29a] (Economic rights and equal opportunity)

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Marriage

23.20 The Freedom House 2010 report on Women’s Rights in Algeria stated:

“The 1984 family code was amended on February 22, 2005, to improve several key provisions. For instance, under Article 7 of the amended code, the legal age of capacity for marriage changed from 21 for men and 18 for women to 19 for both sexes. In addition, proxy marriages are now prohibited…

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“Despite these amendments, many believe that the family code remains too ambiguous on several central issues and retains a number of discriminatory provisions. For instance, a bride's wali (marriage guardian, usually her closest male relative) must be present when she concludes her marital contract, though he is now reduced to an honorary role and defined as her father, a relative, or ‘any other person of her choice.’ A wali cannot force a woman to marry someone against her will or oppose the marriage…

“Polygamy remains legal under Article 8 of the family code, although it is now subject to several conditions. The court must certify that there is ‘justified motivation’ behind the decision to take more than one wife, that the man is able to take care of an additional spouse, and that all of the spouses involved consent to the marriage. Currently, only 3 percent of Algerian households are polygamous.” [29d] (autonomy, security and freedom of the person)

23.21 The USSD Report 2009, with regard to marriage and divorce, stated, “Women can seek divorce for irreconcilable differences and violation of the prenuptial agreement, among other grounds. In a divorce the law provides for the wife to retain the family's home until children reach 18 years of age. Custody of children normally is awarded to the mother, but she may not make decisions on education or take the children out of the country without the father's authorization. In practice more women retained the family's home when they had custody of the children.” [6a] (Section 6)

Divorce

23.22 The Freedom House 2010 report on Women’s Rights in Algeria stated:

“Retaining polygamy while attempting to accommodate the concerns of women's rights activists may create more problems than it solves. Now that the consent of the first spouse is required, the husband often chooses to divorce the first spouse if she rejects his request for a second wife. If he and the first wife were childless or if their children are adults, the divorced wife has no right to the marital home or alimony. Consequently, women over the age of 60 increasingly find themselves divorced and homeless as their ex-husbands take new wives…

“While men may initiate divorce without explanation, women filing for divorce must generally cite one or more of 10 specific reasons, such as abandonment for a year without justification. Should a woman wish to initiate a divorce for other reasons, her only option is khula, the traditional Islamic practice that permits a woman to unilaterally initiate divorce if she pays the husband a sum of money…

“Article 72 of the family code guarantees that, upon divorce, women who retain primary custody over their children will receive proper housing. This is a major improvement from the 1984 code, under which men kept the marital home upon divorce, often forcing divorced women and their children onto the streets. However, because of the current housing crisis, many judges allow divorced men to keep the house if they offer equivalent funding to their ex-wives and children. Consequently, unemployed men or those with low incomes provide too little money to allow their ex-wives and children to find decent housing.” [29d] (Autonomy, security and freedom of the person)

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Divorced and single women

23.23 With regard to single and divorced women, the Freedom House 2010 report on Women’s Rights in Algeria noted:

“Single and divorced women are increasingly marginalized by society. A 2006 nationwide survey showed that 55 percent of the sample of women (whose average age was 33) were single, 36 percent were married, 6 percent were widows, and 3 percent were divorced. Consequently, becoming someone's second wife is an increasingly attractive option when the alternative is to remain single. The supporters of polygamy argue that because most people who disappeared during the Black Decade were men, there are more women than men of marrying age.

“…Divorced or single women who migrate inside the country to work in the private sector often suffer from patriarchal prejudices, which label them as immoral.

“…Single women, whether divorced, widowed, or never married, are the most common victims of harassment.

“…Women who remarry after divorce lose custody of their existing children.” [29d] (Autonomy, security and freedom of the person and Economic rights and equal opportunity)

23.24 On 13 February 2008 the UN Human Rights Council, in its Report of the Special Rapporteur on violence against women, its causes and consequences, noted:

“There are also a substantial number of unmarried single mothers, with around 3,000 children born outside marriage annually. A strong stigma is attached to these women and their offspring. Unmarried single mothers are often rejected by their own families and have to endure immense social pressure… Children born outside marriage also face problems throughout their lifetime, especially since they are registered and identified as such in official documents. In such cases, girls are confronted with intersecting layers of discrimination based on their legal status and sex. ” [35b](p13)

23.25 The report continued:

“Unmarried women who choose to deliver their babies will usually try to hide their condition. Hospitals make special arrangements allowing single mothers to check in from the seventh month and give birth anonymously. In the past, single mothers were usually encouraged to give up their children into kafala arrangements. Recently, the Ministry of National Solidarity took the decision to actively encourage single mothers to keep their children. While they receive some help, State support for single mothers is overall still insufficient. For instance, single mothers do not receive preferential access to subsidized State housing, even though they can often neither return to their families nor find private housing.” [35b] (p14)

23.26 The Freedom House 2010 report on Women’s Rights in Algeria noted, “Mothers who have children out of wedlock are vulnerable to poverty and social prejudices. In most cases they are rejected by their families, and they do not benefit from any preferential access to subsidized housing. The few organizations that offer single mothers material help and legal counselling often treat them as ‘sinners’ who must be morally re- educated.” [29d](Social and cultural rights)

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Freedom of movement

23.27 The Freedom House 2010 report on Women’s Rights in Algeria noted:

“Women are permitted to travel freely, and freedom of movement for all Algerians has appreciably improved in the past 10 years. Algerian women are able to obtain their own passports and leave the country without their husbands' permission, but a woman cannot leave with her children without authorization from the husband. Moreover, female workers who migrate within the country to find a job or women who travel alone sometimes face condemnation, particularly in the rural areas.” [29d] (Autonomy, security and freedom of the person)

See sections on Freedom of movement and Exit and Return

Reproductive rights

23.28 The Freedom House 2010 report on Women’s Rights in Algeria observed:

“Algerian women are generally able to make independent decisions regarding their health care and reproductive rights. Married women may receive free contraceptives in public hospitals, and, due to the increased use of contraceptives and the rise in the average age of marriage, fertility rates have dropped from 2.7 births per woman in 2000 to 2.4 in 2007… Algerians have enjoyed free, universal health care since 1974, and the rate of births attended by skilled medical professionals increased from 77 percent in 1992 to 95 percent in 2006. In spite of this, the rate of maternal mortality remains high in certain areas, especially in the southern provinces. According to a 2006 survey, only 30.6 percent of mothers benefit from postnatal care.” [29d](Social and cultural rights)

Abortion

23.29 On 13 February 2008, the UN Human Rights Council in its Report of the Special Rapporteur on violence against women, its causes and consequences noted, “Women who are pregnant outside marriage will very often opt for an abortion. Since Algerian law only permits abortions under very narrow circumstances, women have to risk dangerous clandestine abortions. Estimates on the number of clandestine abortions vary widely, but the authorities acknowledge that several dozen deaths result from unsafe clandestine abortions every year.” [35b] (p14)

23.30 The Freedom House 2010 report on Women’s Rights in Algeria added:

“Abortion is illegal under Articles 304–313 of the penal code, but public health legislation provides exceptions for cases where the mother's physical or mental health is seriously jeopardized. Separately, a 1998 fatwa (religious opinion) by the High Islamic Council, an official advisory body, allowed women who had been raped by armed groups to resort to abortion. According to gynaecologists and women's rights groups, who would prefer that the issue of abortion be addressed publicly, many women undergo illegal, clandestine abortions. This is due to the limited circumstances under which abortion is legal as well as the shame attached to abortion and pregnancy out of wedlock.” [29d](Social and cultural rights)

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Women and work

23.31 The USSD Report 2009 noted that:

“In urban areas there was social encouragement for women to pursue a higher education or a career. Girls graduated from high school more frequently than boys. According to 2006 official statistics, females represented 60 percent of the medical profession, 55 percent of the media profession, 30 percent of the upper levels of the legal profession, and more than 60 percent of the education profession. In addition, 36 percent of judges were women. Women served at all levels in the judicial system, and female police officers were added to some precincts to assist women with abuse claims. Of the 8.7 million workers, 1.5 million were female, representing only 18 percent of the workforce. Women may own businesses, enter into contracts, and pursue careers similar to those of men.” [6a] (Section 6)

23.32 However, the report went on to say, “Despite constitutional and legal provisions providing gender equality, in practice, women faced discrimination in employment. Leaders of women's organizations reported that discriminatory violations were common.” [6a] (Section 6)

23.33 A caption attached to a photograph with an article written for Common Ground News and dated 27 April 2009, accessed on Worldpress.org, noted that “A total of 490 policewomen graduated to join traffic and anti-crime units during a graduation ceremony held in Algiers on Oct. 16, 2008.” [53a]

23.34 On 13 February 2008 the UN Human Rights Council, in its Report of the Special Rapporteur on violence against women, its causes and consequences, noted:

“Women in Algeria are legally entitled to work in all professions, but despite their levels of education they are still highly underrepresented in the labour market. According to a 2006 National Survey on Women’s Socio-Economic Integration, only 18.7 per cent of women are employed.

“Gender stereotyping assigns reproductive and domestic work exclusively to women and thereby constrains women’s socio-economic and political empowerment. Married women in particular are generally expected to pursue only professions that do not interfere with ‘their’ domestic responsibilities. Many married women drop out of the labour force altogether. The 2006 Survey revealed that almost half of all married women with employment in the private sector stopped working when they got married. The marriage-related dropout rate for the public sector was 16.3 per cent.

“Mobbing and also sexual harassment (see below) by male colleagues and supervisors are also important factors discouraging women from pursuing a professional career.

“Three out of every five employed women (60 per cent) work in the public sector. Educated middle-class women, for instance, are highly represented in the judicial, public health and education sectors. According to the 2006 National Human Development Report, women make up 50 per cent of teachers, 53 per cent of doctors and 34 per cent of magistrates. While paying lower salaries than the private sector, public employers are usually more willing to accommodate the social constraints with which professional women have to grapple. One local police commander, for instance, informed me that he allowed married female police officers to leave two hours early

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during Ramadan to prepare the evening meal - a concession that he justified as ‘a temporary special measure to accelerate gender equality under Article 4 of CEDAW’.

“In the private sector, on the other hand, most women work in unregulated and low- paying informal sector jobs. Women in the formal private sector often hold precarious, short-term contracts.

“A mere 4 per cent of all business owners are women. Women make up only 17.5 per cent of the beneficiaries of the Government’s micro enterprise support programme. They are more likely to benefit from a parallel programme providing much smaller micro credit loans (64.9 per cent female recipients).” [35b] (p11)

23.35 The Freedom House 2010 report on Women’s Rights in Algeria noted:

“Women are present in all sectors of employment, and some even work as taxi drivers, policewomen, or members of the military. However, most employed women work in health care, education, or the legal field…

“Women also tend to limit their employment options to those located near their parents or husband. It is socially acceptable for female civil servants to move within Algeria for work-related reasons because the government is considered a reliable guardian. However, divorced or single women who migrate inside the country to work in the private sector often suffer from patriarchal prejudices, which label them as immoral. These stereotypes, combined with the resentment toward female employment that comes with the high rate of unemployment among men, limits the actual freedom of movement of women in search of economic opportunity.” [29a] (Economic rights and equal opportunity)

23.36 The report continued:

“Article 84 of the employment code of 1990 guarantees equal pay for men and women who have equal qualifications and perform equal tasks. The code outlaws all forms of gender-based discrimination in employment contracts. Employers in both the private and public sectors are bound to provide three months of paid maternity leave, two hours per day for breastfeeding, and retirement benefits. Women are eligible for retirement at age 55, compared with 60 for men. Women can also receive one year of early retirement for each child (up to three children) that she raised for nine years… Less than 30 percent of women interviewed opposed the idea of working, suggesting that most women would be interested in employment if they had the opportunity. The women surveyed identified several factors that deterred them from pursuing or maintaining employment, including transportation problems, family pressure, wages, child care obstacles, discrimination, and sexual harassment.” [29a] (Economic rights and equal opportunity)

23.37 The UN Committee on Economic, Social and Cultural Rights (CESCR), Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant : concluding observations of the Committee on Economic, Social and Cultural Rights : Algeria, published 7 June 2010, noted, “The Committee, despite the general decrease in unemployment, notes with concern the high level of unemployment among women (Office of National Statistics 2009 figure: 18.1 per cent)”. [18d] (Principal subjects of concerns and recommendations)

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23.38 Magharebia, in an article called Algerian women expand business opportunities, dated 19 December 2010, reported:

“Only a short time ago, commerce in Algeria was an almost exclusively male activity. Where once it was rare to encounter even a female sales assistant, today it is a common sight to see women-run businesses.

"’The situation in Algeria has changed rapidly, much faster than was expected, in fact. All the stereotypes we held have now disappeared,’ Nasreddine Hammouda, a statistician at the Centre for Research into Applied Economics (CREAD) told Magharebia…

“A study by the National Business Register Centre (CNRC) released in March 2010 confirmed the growing number of women in business. In 2009, the number of women retailers had reached 113,543, compared to 105,255 at the end of 2007. Businesswomen now make up 8.4% of all retailers. Nearly 97% of those women work alone while there are 3,728 women-owned corporations in Algeria.” [32k]

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VIOLENCE AGAINST WOMEN

23.39 The Amnesty International report A Legacy of Impunity: A threat to Algeria’s future, published 30 March 2009, stated:

“While the whole of Algerian society has been affected by the violence that engulfed the country in the 1990s – and continues to suffer as a result of the authorities’ failure to adequately address the legacy of the conflict and provide victims and their families with access to truth, justice and reparation – women have endured and continue to endure gender-specific abuses. Women have also suffered in the past and are suffering today disproportionately from abuses committed by state and non-state actors in a climate of impunity for perpetrators. Their struggle is compounded by the fact that the authorities not only fail to comply with their obligations under international law to protect their right not to be subjected to torture and their right to life and security, but also rarely provide women victims of human rights abuses with adequate care and redress.” [26e]

23.40 The report continued:

“The women who suffered sexual and other violence by members of armed groups have been particularly let down by the authorities. Most continue to suffer the physical and mental trauma generated by their ordeals. Social ostracism has often added to their woes because of the stigma associated with rape, including rejection by the husband and family. As a result, many women have not made official complaints or have kept their experience secret. Even in cases where official complaints have been made, little efforts have been done to hold those responsible to account.

“The Algerian authorities have recognized that rape occurred during the conflict, but to Amnesty International’s knowledge, virtually no members of armed groups have been prosecuted for rape. In a welcome move, the authorities excluded from the 1999 and 2006 amnesty measures members of armed groups responsible for rape, although they never confirmed that those responsible for rape had actually been denied an amnesty. The speed by which members of armed groups were granted amnesty upon surrender

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or released in cases of those convicted or imprisoned for terrorism-related charges, suggest that no thorough investigations were conducted to determine their eligibility and ensure that no members of armed groups who committed rape were immune from prosecution.” [26e]

23.41 On 13 February 2008 the UN Human Rights Council, in its Report of the Special Rapporteur on violence against women, its causes and consequences, noted:

“Violence against women, despite its prevalence, remains one of the most invisible human rights violations in Algeria, although State institutions have begun to acknowledge and address the issue. In this regard, the National Strategy to Combat Violence against Women, developed by the Delegate Minister for the Family and the Status of Women in consultation with other stakeholders, is a most promising initiative since it emphasizes a multi-pronged approach based on a human rights and empowerment perspective. At the time of my visit, the endorsement of the National Strategy by the Cabinet was still pending. The full implementation of the National Strategy, which will also imply serious resource commitments, will enable the Government to address many of the problems outlined in this report.

“In 2006, The Delegate Minister for the Family and the Status of Women commissioned a national survey on violence against women, based on interviews with a sample of 2,043 women aged 19-64 years. The survey found that women are most likely to be subjected to violence within the family and it revealed significant prevalence rates. One in 10 women living with their husband or partner reported to be subjected ‘often’ or ‘daily’ to physical violence such as beatings, locking in or ejecting into the street during the last 12 months prior to the survey. One in three women (31.4 per cent) reported to have been regularly subjected to threats of physical or emotional violence in the same period.

“According to the survey, women who are divorced, widowed or separated from their husbands are particularly likely to become victims of violence at the hands of both in- laws and blood relations. Deprived of the husband’s support in the family structure, these women often find themselves in a particularly precarious situation.

“The survey also showed that women with less education or poor women were more likely to suffer violence and thereby underscored the fact that women’s educational and socio-economic empowerment must form an integral part of any strategy to combat violence against women.

“Only a small proportion of all violence committed against women in the family is reported to the authorities. The prevalence rates found in the 2006 National Survey would indicate that there are about 500,000 women in Algeria who experience physical abuse on a regular or even daily basis. This figure sharply contrasts with the comparatively low number of cases registered by the judicial authorities. According to information received from the Government, 17,383 cases of physical abuse of women reached the authorities during the course of 2006.” [35b]

23.42 The UN Committee on Economic, Social and Cultural Rights (CESCR), Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant : concluding observations of the Committee on Economic, Social and Cultural Rights : Algeria, published 7 June 2010, noted, “The Committee is concerned that violence against women, including spousal abuse, continues to be a widespread problem in the

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State party. The Committee is also concerned that domestic legislation does not contain specific provisions prohibiting and criminalizing domestic violence, including marital rape, and that corporal punishment of children within the family and alternative care settings is not prohibited.” [18d](Principal subjects of concerns and recommendations)

23.43 Magharebia, in an article called UN gender official visits Algeria, dated 18 November 2010, reported:

“UN Special Rapporteur on gender-based violence, Rashida Manjoo, is visiting Algeria through Saturday (November 20th)[2010] to meet with women in cities across the country. Manjoo plans on meeting with senior officials and producing a report on instances of violence against women.

“The rapporteur said this week that the Algerian government has met its international obligations to secure women's rights, but there are a number of areas that need improvement.

“The preliminary report praised the mechanisms adopted by Algeria to reduce violence and discrimination against women. Manjoo recommended elevating the minister delegate in charge of family and women's issues to a ministry itself. She also welcomed the initiative establishing a Centre for Studies on Women, Family and Children.

“However, the UN official stressed the lack of a dialogue between government and civil society, in addition to the absence of accurate statistics about the cases of violence against women. The report will be discussed at the UN Human Rights Council meeting in Geneva in July 2011.

“The UN visit was based on a report of dozens of violent attacks on female workers in Hassi Messaoud over the past year, according to working women's organisations chief Khalfa Fadhila. There were also reports that some 300 heavily armed men attacked and burnt a group of women.

“The special rapporteur visited the region along with a representative of Human Rights Watch in order to probe the circumstances surrounding the 2001 attacks. Manjoo said she ‘obtained conflicting information during the visit’, adding that there will be a thorough investigation.

“Manjoo also met with Minister Delegate for Family Affairs Nouara Djaafar who presented the policy of Algeria to combat violence against women. The minister claimed that during the last two years there has been a decrease in violence. Nevertheless, she emphasised the need to involve other ministerial sectors and civil society and work to minimise the phenomenon.

"’Based on a study of violence against women carried out by the ministry in 2009 on a sample of 2,000 families, only two out of 10 Algerian women have been subjected to violence,’ Djaafar said. ‘Algeria is ranked among the least prevalent countries of the phenomenon of violence against women.’

“Messoudane Kheira, head of the Children Protection Office in the Public Directorate of Security, said that physical assaults were at the forefront of forms of violence against women with 4,191 victims, followed by ill-treatment with 1,313 victims, and sexual

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violence with 186 victims. Seventy-four cases of sexual harassment were recorded, in addition to five murders.

“However, the Algerian organisation Wassila (‘means’), reported significantly higher numbers, with 7,419 women victims of violence. The group's numbers on sexual violence and other crimes were also higher than official statistics. Wassila even reported cases of honour killings as well as burns and severe beatings resulting in death.”[32j]

23.44 The Foreign and Commonwealth Office, in an August 2010 Human Rights Assessment of Algeria, released September 2010, noted, “Algerian law does not yet fully recognise women’s rights, including protection against sexual harassment in the workplace, marital rape and domestic violence, none of which is yet criminalised.” [5c](Human Rights Concerns)

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Sexual violence

23.45 The USSD Report 2009 stated that:

“Rape, spousal and non-spousal, occurred. The law criminalizes non-spousal rape but does not address spousal rape. Prison sentences for non-spousal rape range from one to five years. Claims filed by women for rape and sexual abuse continued to face judicial obstacles; however, women's rights activists reported that law enforcement authorities have become more sensitive to the issue. During the year, women's rights activists reported a significant increase in reports of violence against women.

“Spousal abuse occurred. The penal code states that a person must be incapacitated for 15 days or more and present a doctor's note certifying the injuries before filing charges for battery.

“The national police reported that 4,800 women were victims of assault during the first half of the year. The same report stated that police registered 9,517 complaints of violence against women in 2008. According to the CNCPPDH (National Consultative Commission for the Promotion and Protection of Human Rights), approximately 4,500 women were victims of assault during the first half of 2008. Police statistics for that period reported 2,675 cases of physical assault, 1,359 cases of abuse, 144 cases of sexual assault, and four deaths. Approximately 20 percent of assailants were identified as male family members. During the year a national study showed that 67.9 percent of women acknowledged that spousal abuse occurred.

“Although police stated that violence against women was widespread in large cities, a March 2007 study published by the National Institute of Public Health (INSP) showed that violence against women was more frequent in rural areas and among the less- educated; however it was less likely to be reported in such cases because of societal pressures.” [6a] (Section 6)

23.46 The Amnesty International Report A Legacy of Impunity: A threat to Algeria’s future, published 30 March 2009, stated, “Despite long-standing calls and campaigning by women’s rights groups, there is an absence of legislation to adequately address violence against women, including rape. Under Algerian law, rape is punishable by up to 10 years’ imprisonment, but it is not defined. Forms of sexual violence other than rape

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are not defined either by the Algerian Penal Code, but can be considered under indecent assaults.” [26e]

23.47 The Freedom House 2010 report on Women’s Rights in Algeria added:

“Article 336 of the penal code does not specifically define the crime of rape. The French version of the code uses the word viol (rape). However, the Arabic text uses the phrase hatk al-'ardh (attack on the honor) rather than the more explicit ightisab (rape). This alters the character of the crime from a violent sexual offense against an autonomous individual to an offense that primarily affects family honor. Consequently, if the victim is not married, the rapist may avoid punishment by marrying her and expunging the dishonor. In keeping with this view of women's autonomy, spousal rape is not outlawed.” [29d] (Autonomy, security and freedom of the person)

23.48 The same report continued:

“The government must protect all persons under Article 24 of the constitution, and security has significantly improved in the past 10 years. Nonetheless, women remain vulnerable to different forms of violence. Domestic abuse is not specifically prohibited by law, and because society considers it a private matter, it remains difficult to combat. As one women's rights activist put it, within the private sphere of the home, ‘women escape the protection of the law and men escape the sentence of the law.’ A national survey commissioned in 2006 by the Ministry in Charge of the Family and Women's Affairs found that some 10 percent of the female respondents were exposed ‘daily’ or ‘often’ to physical abuse, while 31.4 percent were regularly exposed to threats of violence. However, these figures are generally considered to be much lower than the actual incidences of domestic violence and threats. Women tend to avoid reporting abuse or going to court for fear that they will incur further violence or face hostile judges. According to one lawyer, a specialist in domestic violence, victims ‘are attacked twice, one time by their husband and another time by the judge.’” [29d] (Autonomy, security and freedom of the person)

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Homeless women

23.49 On 13 February 2008 the UN Human Rights Council, in its Report of the Special Rapporteur on violence against women, its causes and consequences, noted:

“The dire situation of street women and their children in Algeria is a matter of grave concern… Their plight is strikingly visible in the big cities, especially at night. While some street women may be migrants from rural areas, women very often end up in the streets due to the violence and oppression they experience in the family. Their very living conditions on the streets must be seen as a form of violence.

“While the 2005 Family Code grants women with children a right to housing, humanitarian organizations are still confronted with cases of divorced women with and without children who end up in the streets. SOS Femmes en Détresse has estimated that at least 540 more women ended up on the streets in 2006 alone.

“These organizations also note an increasing number of girls and unmarried women, who were ejected or fled from their homes and now live on the street. The ejection may

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occur to punish women and girls who are perceived to have violated the family honour, including young women, who become pregnant outside marriage or engage in relationships that are not approved by the family. A rupture in the family structure (e.g. if one parent dies and the other remarries) can also trigger family conflicts that ultimately result in the ejection of the most vulnerable family member. Finally, there are many cases, where the ejection stands at the end of a long history of physical or sexual abuse in the family circle.

“The ejection of women and girls into the streets must be seen as a particularly egregious form of violence against women in the Algerian context, because it usually has dire consequences for the victims, as it involves various forms of abuse and exploitation. In some cases ejection has also led women into prostitution. The police and other authorities regularly pick up street women and girls and drop them off in temporary shelters, but the authorities largely fail to offer long-term programmes to support them financially, legally and socially, and reintegrate them.” [35b] (p19)

23.50 A report by Magharebia on 18 June 2008 stated that homeless marriages had multiplied in recent years, and whole families had been started on the street; and that according to government figures there were 31,200 homeless individuals in Algeria as of May 2008, 9,000 of which were women, including single mothers. The government was setting up five public reception centres in the main capital of each of the five regions, which will receive emergency homeless cases with no domicile, where they can receive help. [32b]

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For information on trafficking of women, see section Trafficking

SHELTERS AND ASSISTANCE FOR WOMEN

23.51 The UN Human Rights Council, in its Report of the Special Rapporteur on violence against women, its causes and consequences, dated 13 February 2008, stated:

“There is a serious lack of specialized shelters for women facing violence or oppression in the family. Although women’s shelters do not offer a long-term solution, they provide an indispensable interim protection for women who need to escape violence and oppression at home, but have nowhere else to go.

“At the time of my visit, the responsible Ministry of National Solidarity operated only one shelter exclusively for women victims of violence and oppression. The National Shelter in Bou Ismail (wilaya of Tipaza) was initially established for young women and girls exposed to violence during the black decade. With a mandate to accommodate women from all over Algeria, it has a capacity for only 24 women. During my visit, construction was ongoing to expand the shelter so that it would also be suited to accommodate women with children. In addition, the Ministry has plans to open a second women’s shelter in Tlemcen.

“The non-governmental organizations S.O.S. Femmes en Détresse and RACHDA, relying on international and private donations, also operate women’s shelters in Algiers. At the time of my visit, other non-governmental organizations were in the process of gathering funds for additional shelters.

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“Due to the lack of an adequate number of women’s shelters, women who seek State protection are often directed to institutions that do not have the expertise and specialization necessary to address the needs of women victims of violence. These include homes for the elderly and homeless, and Diar Rahma institutions. During the course of my mission, I visited the Diar Rahma in Constantine and Oran. Apart from women facing violence or family exclusion (including single mothers), both Diar Rahma accommodated a wide range of persons in need of State support, including mentally or physically disabled persons. Both institutions placed a heavy emphasis on reconciliation with the family or husband as a long-term solution for women who had experienced domestic violence. Conversely, the two specialized women’s shelters visited had established vocational training programmes to provide women with alternatives to a return to the environment from which they had escaped.

“At all protective institutions visited, I learned to my distress that men regularly approached these institutions in search of suitable wives. Staff allowed or even arranged match-making meetings with women in their care. While acknowledging the obvious risks associated with relationships formed under these circumstances, staff in charge explained that many of the women in their care actively sought marriage as a means to leave the shelter and avoid the difficulties experienced by women living on their own. Although I was assured that the institutions carefully vetted the male suitors before facilitating a marriage, it is questionable whether such efforts can successfully prevent re-victimization.” [35b] (p17-18)

23.52 The Amnesty International Report A Legacy of Impunity: A threat to Algeria’s future, published 30 March 2009, stated:

“Non-governmental organizations offer medical and psychological assistance to a limited number of individual women, but do not have adequate resources to help the hundreds of women and girls in desperate need of assistance. The lack of such provisions is especially worrying in Algeria, where survivors of rape are forced to deal not only with the trauma caused by the crime, but also with the associated social shame and stigma. Many of the women survivors of rape live in rural and socially conservative areas of the country, compounding the problem. Others, who have been rejected by their families or have left their homes for fear of stigmatization, are homeless and jobless.” [26e] (Impunity for abuses committed by non-state actors)

23.53 The Freedom House 2010 report on Women’s Rights in Algeria, noted:

“Because domestic violence is no longer considered a taboo subject, the government has launched a national strategy aimed at combating the problem and consolidating initiatives taken by various domestic civil society organizations. The Ministry of National Solidarity and Family operates the National Shelter, a home for female victims of domestic violence located in Bou Ismail. Nongovernmental organizations (NGOs) such as SOS Women in Distress and RACHDA also operate shelters in Algiers, but they rely mostly on international and private donations for funding, and their capacity is limited. The Wassila Network provides assistance to victims of domestic violence by offering judicial and psychological counselling. Women's rights groups emphasize the importance of defining psychological and verbal violence in addition to physical abuse, in conformity with the Arab Human Rights Charter.” [29d] (Autonomy, security and freedom of the person)

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23.54 The USSD Report 2009 highlighted four Non Governmental Organisation groups that provided assistance to women:

“During the year local women's NGOs, including SOS Femmes en Detresse, the Wassila Network and Bent Fatma N'Soumer, spoke out against violence in the family. SOS Femmes en Detresse and Wassila Network provided judicial and psychological counselling to abused women. Women's rights groups experienced difficulty in drawing attention to spousal abuse as an important social problem, largely due to societal attitudes. Several rape crisis centres run by women's groups operated, but they had few resources. The Working Women section of the General Union of Algerian Workers (UGTA) established a counselling centre with a toll free number for women suffering from sexual harassment in the workplace. The call centre did not operate during most of the year due to budget constraints. SOS Femmes en Detresse operated one call centre in Algiers and a second call centre in Batna. During the first eight months of the year, the Algiers call centre received 2,533 calls; the Batna call centre received 1,340 calls…

“The punishment for sexual harassment is one to two years' imprisonment and a fine of 50,000 to 100,000 dinars ($695 to $1,390). The punishment is doubled for a second offense. The police stated that 107 sexual harassment cases were reported to the police in 2008. The INSP reported that 50 sexual harassment cases were brought to court in 2007. The majority of reported cases of harassment occurred in the workplace. SOS Femmes en Detresse provided legal advice and counselling to 640 women. During 2007 at least 500 women sought legal advice from the organization. However, the majority of women seeking assistance did not file formal complaints.” [6a] (Section 6)

23.55 The Women’s International League for Peace and Freedom (WILPF) website: contains details of nine Non Governmental Organisations that exist in Algeria to assist women. [4]

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24. CHILDREN

This section should also be read in conjunction with Women, particularly with regard to the treatment of girls.

OVERVIEW

24.01 Algeria has signed (26 January 1990) and ratified (16 April 1993) the UN Convention on the Rights of the Child. (UN Treaty Collection, accessed 4 January 2010) [9b] The most recent concluding observations on Algeria by the Committee on the Rights of the Child are dated 12 October 2005. [52a]

24.02 UNICEF’s background information covering Algeria, updated 19 July 2010, summarised the issues facing children in Algeria:

• “The nutritional status of young children has not improved since 2002. • A study conducted by the Ministry of Education in collaboration with UNICEF revealed that corporal punishment is still commonly practiced in schools. Violence in schools is associated with learning difficulties and early dropouts.

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• School completion rates are declining. In 2005, some 500,000 teens dropped out. • A recent study on child labour revealed that more than a quarter of children are working. Many rural children work with their parents. • It is estimated that 1 out of every 20 children abuses tobacco, alcohol or drugs. • Institutional challenges in departments such as the Ministries of Health and Education have hampered the implementation of some initiatives for children. Ambitious plans to introduce maternal care and universal education for girls and boys have yet to be fulfilled.” [52a]

24.03 However, the same report highlighted recent achievements:

• “Infant and maternal mortality rates continue to decline. Mothers and children now enjoy wider access to medical care and improved services. • Immunization coverage against the primary childhood diseases is above 80 per cent. • UNICEF and its partners are promoting water conservation in arid regions, including the Tindouf refugee camps. • Significant strides have been made to ensure that girls realize their right to an education. In the last few years, almost two thirds of high-school diploma candidates were girls. • UNICEF and the Ministry of Education have developed a new national policy that will create early childhood education programmes for children from ages three to six. • The “Child-Friendly Schools” initiative has been launched in some 40 schools. These schools aim to provide a stimulating, healthy and supportive environment for learning. • Some 650 educators have attended training sessions on strategies for preventing violence in schools. • With UNICEF support, the Ministry of Family and Women has developed a National Plan of Action for women and children affected by violence. Standard procedures and a reliable support system have been created to respond more effectively to individual cases. • UNICEF is assisting the Ministry of Justice in the implementation of a new Child Protection Code. • Algerian National Radio has partnered with UNICEF to promote the rights of children, support national literacy campaigns and develop teaching and training materials for Saharawi refugee women.” [52a]

24.04 The United States Department of State Country Report on Human Rights Practices 2009, Algeria (USSD Report 2009), published 11 March 2010, noted:

“The government was generally committed to protecting the welfare, rights, health, and education of children. Child abuse is illegal but continued to be a problem. NGOs that specialized in the care of children cited continued instances of domestic violence against children, which they attributed to the ’culture of violence‘ developed since the civil conflict of the 1990s and the social dislocations caused by the movement of rural families to the cities to escape terrorist violence. Experts assumed that many cases went unreported because of familial reticence.” [6a] (Section 6)

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24.05 The same report continued:

“The government provides free education for children through high school. Education is compulsory until the age of 16 years. According to a study by the Office of National Statistics released in 2008, 96.5 percent of children attended primary school, while 62.8 percent of children attended middle and secondary school. The study noted that a child entering primary school has a 93 percent chance of reaching the last year of primary education. Boys and girls generally had the same access to education. Girls from rural areas were slightly more prone to leave school because of familial financial and cultural reasons, while sons were often given educational priority.” [6a] (Section 5)

24.06 UNICEF’s background information on Algeria, updated 19 July 2010, stated data gathered in 2008 revealed that 11,712,000 [around a third] of the population were aged under 18, with 3,328,000 of those under five. [52a]

24.07 A 1 February 2007 article on the United Nations News Centre detailed a United Nations’ independent human rights expert’s fact finding mission in which she stated that “the Government … deserved praise for achieving equal access for boys and girls to all levels of education ‘in little more than one generation,’ with girls now numerically over- represented in secondary schools and universities.” [55a]

Basic legal information

24.08 The basic facts on children included:

● Education – Free and compulsory to 16 years. (USSD Background Note on Algeria, 2 August 2010) [6b]

● Minimum age of employment – 16 years except for apprentice positions. (USSD Report 2009) [6a] (Section 6d)

● Minimum age for marriage 19 for both sexes. (The 1984 family code was amended on 22 February 2005). (The Freedom House 2010 report on Women’s Rights in the Middle East and North Africa 2010 – Algeria, dated 3 March 2010) [29b]

● Minimum age for criminal responsibility – 13. (International Juvenile and Related Values, accessed 29 November 2010) [14]

● The age of majority in criminal proceedings -18 years. (Committee on Rights of the Child, Summary record of 387th Meeting, 29 May 1997) [35e] (para 17)

● The age of consent for male/female sex in Algeria - 16. (Nationmaster.com, accessed 30 November 2010) [13]

● Universal suffrage – 18 years (CIA World Factbook updated 16 November 2010) [2a] Return to contents Go to sources

The main text of this COI Report contains the most up to date publicly available information as at 24 February 2011. 99 Further brief information on recent events and reports has been provided in the Latest News section to 14 March 2011. ALGERIA 14 MARCH 2011

LEGAL RIGHTS

Judicial and penal rights

24.09 In a briefing report to the African Commission on Human and People’s Rights (ACHPR), dated 26 November 2007, the CRIN (Child Rights Information Network) stated:

“Under Algerian law, capital punishment is not applicable to minors aged 13 – 18. Article 50 of the Criminal Code provides that ‘should it be decided that a minor aged between 13 to 18 years must be given a criminal sentence, the penalties shall be handed down as follows: if the penalty is death or life imprisonment, he shall be sentenced to 10 to 20 years imprisonment.’

“Article 456 of the Criminal Procedure Code provides that ‘an offender who is not over 13 years of age may not, even temporarily, be held in a penal institution. An offender aged 13 to 18 may not be held temporarily in a penal institution unless the measure appears to be absolutely necessary or no other arrangements can be made. In such a case, the minor shall be held in special quarters or, alternatively, in an area where he will as much as possible be in isolation at night’.” [34b]

24.10 The UN convention on the Rights of the Child (UNCRC) in its consideration of reports submitted by state parties, published 12 October 2005, concluded that:

“While noting that the Algerian Constitution and domestic laws are based on the principle of non-discrimination, the Committee expresses its concern at the lack of concrete implementation measures, policies and programmes to promote equality and tolerance in society. The Committee is concerned at the persistent de facto discrimination faced by girls, children with disabilities, children living in poverty, children born out of wedlock, children in conflict with the law, street children, children living in rural areas and Western Saharan refugee children.” [54a] (concluding observations para 26)

24.11 Magharebia reported on 29 December 2009 that “The authorities are drafting laws to better resolve legal conflicts involving minors.” The article went on to say:

“Algeria is developing legislation that would shift the focus of the juvenile justice system from prosecution to protection, particularly by exempting children under 10 from criminal charges.

"’The Ministry of Justice will soon refer the draft law on child protection to the government,’ the head of the Ministry of Justice's section for juvenile justice, Judge Meriem Charfi, told participants in a December 12th-15th course for judges and directors of youth rehabilitation institutes.

“The new law sets the age of criminal responsibility for children at 10 years, the judge said at the event, in which over 26 judges took part. She added that current laws ‘don't include a minimum age’ in that regard…The new legislation ‘aims at moving childhood from the criminal judicial system to a reform-oriented educational system’ by protecting and re-socialising children, the director general of the Prison Department, Moukhtar Flion, told participants in the course.” [32d]